1. Managing workplace bullying at the University of Utopia Lisa Grosser Workplace Relations Advisor The Workplace Relations Centre The University of Utopia Hobart, Tasmania Presentation to Ms Chris Cook Friday 15 May 2015

2. Overview of session ① Defining workplace bullying ② How the University manages workplace bullying ③ Options for managing your current situation ④ Going forward, what next…

3. Part 1 Defining workplace bullying As defined in the University of Utopia’s ‘Workplace Bullying and Intimidation Policy’

4. Workplace bullying is… 1.Repeated less favourable treatment of a person by another (or others) in the workplace; 2.May be considered unreasonable and inappropriate workplace practice and; 3.It includes behaviour that intimidates, offends, degrades or humiliates a worker. University of Utopia, ’Workplace Bullying and Intimidation Policy’ (Version No-01) - 31 December 2013.

5. Bullying can occur…  Between peers or superiors  Can be written, verbal or electronic communication  Different types of bullying exist, including ‘serial’ and ‘mobbing’  Workplace bullying is not:  Reasonable administrative action  A one off single event (‘of unreasonable behaviour’)  Conflict or disagreements between work colleagues University of Utopia, ’Workplace Bullying and Intimidation Policy’ (Version No-01) - 31 December 2013

6. Bullying and intimidation or not… Considering the University’s policy…  Unsolicited action  Occurs one to one and in front of managers  Repeated  Both direct and indirect  Occurring between co-workers  Oral ✓ ✓ ✓ ✓ ✓ ✓ University of Utopia, ’Workplace Bullying and Intimidation Policy’ (Version No-01).

7. Your experience… 1)Repeated less favourable treatment of a person by another (or others) in the workplace 2)Considered unreasonable and inappropriate practice 3)Includes behaviour that intimidates, offends, degrades or humiliates a worker ✓ ✓ ✓ University of Utopia, ’Workplace Bullying and Intimidation Policy’ (Version No-01). Conclude: Bullying for the purposes of the University’s ‘Workplace Bullying and Intimidation Policy’

8. Part 2 How the University of Utopia manages workplace bullying Workplace Bullying and Intimidation Policy, approved and implemented by the University of Utopia on 31 December 2013

9. Steps to manage bullying i.Make an informal complaint ii.Undertake a process of mediation iii.Make a formal complaint o A formal complaint may lead to a formal investigation o A formal investigation may lead to disciplinary action on the alleged perpetrator

10. Part 3 Managing your current issues Examining options relevant to your situation, including their associated risks and benefits

11. Options for managing your issue i.Request a process of mediation ii.Make a formal complaint  Formal investigation +/-  Disciplinary action on the alleged perpetrator +/-

12. (i) Mediation …is an informal process where the parties reach agreed outcomes that will resolve the issue(s).  Process involves all parties  Also involves the participation of an impartial third party  It is a confidential process  Not mandatory to attend

13. Benefits of mediation  Enables you to assist to resolve your issue  Maintain some control over process and outcome  Able to speak directly with other party  Supportive process  Confidential process  Able to end at any time  Able to focus on interests key to you  May be able to take support person  Mediator is skilled  Mediator may help other party understand your situation  Enables you to preserve workplace relations

14. Risks of mediation  May be highly stressful  There may be a power imbalance  Effective only if all parties are driven  May not address the real cause of the conflict  Confidential process, or not  The neutrality of the mediator, or not  Different models of mediation  Different skills sets of mediators  A facilitative process

15. (ii) Formal complaint …a formal complaint may be made directly to the Director of Human Resources in the situation where an employee believes they are being bullied/intimidated.  The individual or their representative may make the complaint  Need to provide details on issues/allegations and what you have done so far to resolve issue

16. Formal complaint… Benefits  Suited to complex matters  Better approach if unable to resolve issue face-to- face  May lead to an investigation which could resolve your issue Risks  May not have sufficient information to proceed  May lead to formal investigation which could impact upon workplace relations  Formal investigator may not be sufficiently experienced Gary Furlong 'Conflict Resolution Toolbox: Models and Maps for Analyzing, Diagnosing, and Resolving Conflict' (Wiley, 2009).

17. Formal investigation  Decision to proceed to a formal investigation is made by Director of Human Resources  Decision to proceed is based upon evidence before them  An investigator will be appointed – internal/external  Information will be gathered and a decision made based upon the balance of probabilities  Report provided to you as the complainant

18. Formal investigation  Alleged perpetrator (AP) notified of the allegations and provided with an opportunity to respond  They have the opportunity of having a support person  Report provided to you as the complainant  Relevant potential outcomes:  Disciplinary action  Remedial action  Counselling and/or mediation

19. Formal investigation Benefits  Investigation should be undertake in a timely manner  Adopts principles of natural justice, due process  May resolve issues currently experiencing  Vice-Chancellor is advised of outcome Risks  Can be a drawn out, traumatic process  Can impact upon workplace relations  Investigator isn’t that impartial or independent  Outcome may not be what hoped for

20. Part 4 Going forward… Summary of options to resolve current issue

21. Resolution options Requesting mediation  Requests to the Manager, Equal Opportunity  No requirement for request to be in writing  Can self-request or through support person Formal complaint  Requests to Director, Human Resources  Must be made in writing, by self or agent  Adequate information to be provided  May be requested to provide further information at any stage of the process

22. Further reading

23. Lisa Grosser Workplace Advisor The Workplace Relations Centre Hobart, Tasmania Email: lisa.grosser@my.jcu.edu.au Mobile: 0429 869384 Friday 15 May 2015