Workplace Bullying: Examples, Policies, and Prevention Strategies

Work Health and Safety Presenter: Annette McMullan, President For MHRT Member training only October 2020

Mandatory training This is mandatory training for all members of the MHRT. It is important that responsibilities in relation maintaining a safe working environment. We will look at: bullying and sexual harassment work health and safety diversity and inclusion. we all to understand promoting our and

MHRT Policies and Procedures See Members Resources section of the MHRT members website for relevant documentation. Please ensure that you are familiar with these documents.

Bullying and sexual harassment For MHRT Member training only October 2020

MHRT Harassment Policy All workers (including Members) are required to: understand what bullying and sexual harassment is not engage in behaviour that might amount to bullying and sexual harassment consider their own behaviour and its potential impact on others report behaviour that is or could be bullying or sexual harassment not encourage others to engage in conduct which is or could be bullying or sexual harassment.

Workplace bullying Industrial Relations Act 2016, bullying is: while the employee is at work one or more individuals repeatedly behaves unreasonably towards the employee or a group of employees the behaviour creates a risk to the health and safety of the employee.

Examples of bullying Unjustified blaming Threats, verbal abuse Intimidation Belittling of the opinions of a person Spreading rumours Withholding information and undermining work performance Making frivolous or vexatious complaints Consistent assignment to dirty/boring jobs Exclusion from participating in work activities

These are not defences to bullying: But its true. I meant it as a compliment. I was only joking. S/he started it. S/he participated in it. I was drunk.

Bullying case Keegan v Sussan Corporation (Aust.) Pty Ltd [2014] QSC 64 Alleged bullying: excluded from business discussions unwarranted criticism aggressive and nasty tone Developed a psychiatric disorder. Negligence claim against employer - $237,770 in damages awarded.

What is not bullying? Hingst v Construction Engineering (Aust) Pty Ltd [2019] VSCA 67 Alleged bullying: a manager farting at a subordinate on purpose, almost every day. causing depression, anxiety and physical injuries. Claimed almost $2million unsuccessful.

What is sexual harassment? Sexual harassment is any unwelcome conduct of a sexual nature that is done either to offend, humiliate or intimidate another person, or where it is reasonable to expect the person might feel that way. It includes uninvited physical intimacy such as touching in a sexual propositions, and remarks with sexual connotations. way, uninvited sexual

Examples of sexual harassment Unwelcome physical touching Sexual or suggestive comments, jokes or innuendo Unwelcome requests for sex Intrusive questions about a person's private life or body The display of sexually explicit material such as posters or pictures Unwanted invitations to go out on dates Staring or leering Sex based insults or taunts Sexually offensive communications, including telephone calls, letters, faxes, email and computer screen savers

At work Need not have a work connection to be sexual harassment, but an employer (e.g. MHRT) can be vicariously liable for work related behaviours and has an obligation to take steps to prevent such behaviour in the workplace. Issues with technology and the blurring of what is work related: images or comments that seem funny initially may not be so funny later used as evidence in proceedings Luke Colwell v Sydney International Container Terminals Pty Ltd [2018] FWC 17: use of social media after hours.

Case: A prank Green v State of Queensland, Brooker and Keating [2017] QCAT 008 Two colleagues took actions intended as a prank. Involved content of a sexual nature. Person who was pranked developed anxiety/PTSD. QCAT awarded $156,000 noting that in this case a personal injury was suffered.

Complaints Bullying and harassment is unacceptable conduct and all instances are to be reported. Complaints of bullying or harassment may be directed to the President, Deputy President or the Executive Officer of the Tribunal. All complaints of bullying or harassment will be resolved in accordance with the Tribunal s Managing Worker Complaints Policy and Managing Worker Complaints Operational Procedure.

Remedies for bullying and sexual harassment Potential remedies for sexual harassment include compensation, injunctions, reinstatement, punitive damages. Stop bullying orders can be made. Bullying and sexual harassment are capable of amounting to misconduct under the Mental Health Act 2016 can lead to termination of appointment as a member.

Day to day Do not do anything that can be seen as sexual or personally invasive at work. Do not target just one person with a particular type of behaviour. If you cannot be sure that everyone who is there or who could overhear it will like it, do not do it. If you would not do it to, or in front of, your family, do not do it. If you would not like it done to you, do not do it. Alcohol is not an excuse. If anyone indicates that they do not like your behaviour, stop.

Work Health & Safety For MHRT Member training only October 2020

Duty holders Duty holders include: a person conducting a business or undertaking (PCBUs) workers (not just employees) Officers other persons in a workplace (visitors/clients etc.) workplace is any place where workers are, or may be, for work

MHRTs duties MHRT is a person conducting a business or undertaking (PCBU). Must ensure, so far as is reasonably practicable, the health and safety of workers and other persons while at work who may be affected by the business or undertaking. Also must provide: a work environment without risks maintained plant and equipment safe systems of work information, training, instruction and supervision.

MHRTs due diligence duty MHRT must also exercise due diligence to ensure that it complies with its duties and obligations.

Workers A person is a worker if the person carried out work in any capacity for a person conducting a business or undertaking. Includes employees, contractors, work experience students, volunteers. Based on the definitions in the legislation, Members will be workers.

Obligations of workers WHS Act requires that, while at work, a worker must: take reasonable care for his or her own health and safety take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons (includes members of the public as well as other workers) comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with the WHS Act co-operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers (e.g. MHRT s work health and safety policy). Up to $50,000 fine for individuals.

What do you need to know? Be aware of: the nature of risks and hazards in your work environment your role and responsibilities (e.g. notifying incidents) the WHS matters over which you have influence. Satisfy yourself that the resources you have are appropriate to eliminate/reduce hazards and risks.

Remedies for work health and safety Offence Corporation Officers Individual Industrial manslaughter $10 million 20 years jail Category 1 $3 million $600,000 and/or 5 years jail $300,000 and/or 5 years jail Category 2 $1.5 million $300,000 $150,000 Category 3 $500,000 $100,000 $50,000 Industrial manslaughter: a worker dies, conduct causes the death and the person is negligent about causing the death of the worker. Category 1: reckless conduct has a duty, fails to comply, exposes an individual to risk of death or serious injury and the person is reckless to the risk. Category 2: failure to comply and risk has a duty, fails to comply, exposes an individual to risk of death or serious injury Category 3: failure to comply has a duty and fails to comply.

Industrial manslaughter case R v Brisbane Auto Recycling Pty Ltd & Ors [2020] QDC 113 Death of an employee at a Brisbane scrap metal yard. Employer received a $3 million fine 2 directors received a 10 month prison sentence, wholly suspended.

Dreamworld case Death of four people in 2016 at Dreamworld, Gold Coast. Coroner made findings of a serious of failures at the theme park, including safety and maintenance systems that the coroner described as rudimentary at best and frighteningly unsophisticated . Ardent Leisure (Dreamworld s operator) was charged with 3 counts of Failure to Comply Category 2 and plead guilty. Faced $4.5 million in fines.

Think about Remember the focus is on what you have done to discharge your duty. Compliance is everyone s responsibility, but can depend on your role and responsibilities. Ignorance/delegation is risky. Paper compliance will not be enough. Multiple parties can be prosecuted over the same incident (e.g. MHRT, HHS and officers and workers involved). Individuals and officers are being prosecuted, especially in serious matters. Being busy is not a defence. Leaving safety issues in the hands of others will not be a defence. Showing no influence could be a defence but very hard to do. Positive steps are your only true defence . Foster a safety culture everyone to take ownership of safety issues.

Diversity and inclusion For MHRT Member training only October 2020

Diversity & Inclusion

What can we do? Be aware of unconscious bias. Promote and model inclusive behaviours. Seek learning opportunities to broaden our understanding. Harness the benefits of a diverse and inclusive workforce through valuing diverse ideas and opinion.

An example: inclusive language Inclusive language is a way of acknowledging and respecting the diversity of bodies, genders and relationships. People express their gender and sexuality in different ways. Be conscious of your language.

Resources You might find these resources helpful to learn more about diversity and inclusion: https://qheps.health.qld.gov.au/hr/diversity-inclusion https://qheps.health.qld.gov.au/__data/assets/pdf_file/0035/25 56980/being-an-ally-at-work.pdf https://qheps.health.qld.gov.au/__data/assets/pdf_file/0020/24 21740/management-of-gender-information-factsheet.pdf https://www.vic.gov.au/inclusive-language-guide Diversity Council of Australia: https://www.dca.org.au/ UQ Guide to using inclusive language: https://staff.uq.edu.au/files/242/using-inclusive-language- guide.pdf