Agencies should encourage the reporting of all incidents of bullying. Encouraging reporting can assist the employer to:
Procedures should be developed to suit the size and structure of the agency. The procedure should be flexible enough to accommodate the various ways of dealing with a report of bullying, such as informal discussions or formal investigations. Any procedure should ensure confidentiality and fair treatment for those involved including ensuring that there is no victimisation of the employees involved.
Reporting procedures should include options of reporting to, or seeking assistance from, the Agency’s Employee Assistance Provider, relevant unions/staff associations, or the Office of the Commissioner for Public Employment’s Section 59 Review process.
An agency may find out about bullying in a number of ways, such as:
Due to the sensitivity of many bullying incidents, allegations must be treated seriously and investigated promptly. Agencies are to resolve issues quickly, in a confidential manner and as informally as possible in order to minimise conflict and stress for the individuals involved.
Each situation that is reported or observed will usually be different. Therefore, to ensure a consistent approach, it is important to have an agreed procedure in the workplace for dealing with reports.
Agencies are encouraged to incorporate workplace bullying resolution procedures into existing procedures for issues such as review of treatment in employment (grievances) and discipline.
Once a report has been made, there are a number of key principles that should guide the agencies response. These principles are listed in the following table.
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KEY PRINCIPLES |
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Treat all matters seriously |
Treating all reports seriously encourages reporting and shows employees the organisation’s commitment to its no bullying policy. |
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Act Promptly |
Prompt intervention can assist in resolving reports as quickly and as fairly as possible. |
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Non – victimisation of person who reports |
It is important to ensure that anyone who raises an issue of bullying is not victimised for coming forward. |
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Support for both parties |
Once a complaint has been made, the person or persons involved should be told of the support systems available to them. These can include employee assistance programs and peer support systems. The person or people against whom the allegations have been made should also be informed of opportunities for support. In addition, all employees involved should be allowed to have a support person present at interviews or meetings (eg: health and safety representative, union representative or friend) |
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Neutrality |
The person in charge of an investigation or resolution should never have been directly involved in the incident they are investigating or attempting to resolve. Impartiality towards all parties involved is critical. Everyone involved should have confidence in the person who is undertaking the resolution process. |
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Communication of process |
All parties need to be informed of the resolution process, how long it will take and what they can expect will happen during and at the end of the process. |
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Confidentiality |
Those involved need to maintain confidentiality. This is important in case the matter is not proven and to prevent the matter from escalating. |
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Documentation |
Documentation is important to any formal investigation or resolution action. Even if the matter is not formally investigated, a record should be made of all meetings and interviews detailing who was present and the agreed outcome(s). |
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Natural Justice |
The principles of natural justice should be followed in all formal investigations. These principles are designed to protect all parties involved (refer Employment Instruction No 3). |
After a situation has been resolved, the agency should also examine the work situation to identify and address any underlying risk factors that may have contributed to the bullying occurring.