Workplace bullying investigation

Can a performance management or disciplinary process be conducted concurrently with a bullying investigation?

Workplace bullying investigation – One of the most common issues arising from a performance management or a disciplinary process is a complaint of bullying or harassment made by the person subject of the process. The complaint can either be in relation to the person conducting the process, or another person, often a manager.

Complaints of bullying or harassment may occur as a result of the process itself (people don’t like being told that their performance or behaviour is not up to the expected level) or beforehand if an employee senses that their performance or behaviour is unsatisfactory and their position may be on the line.

In either circumstance, employers are not automatically restricted from proceeding with both processes concurrently. There is no specific requirement at law which requires the suspension of the performance management process. However each situation should be assess on its merits, don’t make things harder for yourself if they don’t have to be.

It may be operationally vital that the disciplinary process is undertaken and finalised expediently (for instance, where an employer’s policy requires it), however in most cases I recommend pausing the performance management process while the investigation is being conducted.

When assessing whether it is appropriate to continue both processes concurrently, employers are encouraged to first consider whether the claim of bullying could be related to, or adversely affect the legitimacy of, the disciplinary process.

It is not uncommon however that the performance management or disciplinary process is put on hold until the complaint of bullying or harassment is investigated.

How should HR proceed while handling these two processes?

I recommend that employers wishing to proceed with both processes concurrently should ensure that the following steps are taken:

  • The processes are kept separate and distinct. It is essential that the persons involved in the disciplinary process are not also involved in investigating the complaint.
  • Where HR cannot facilitate this, or where the complaint involves senior management, employers should consider engaging an external expert to investigate the complaint.
  • The investigation of the complaint of bullying or harassment is conducted in a timely and professional manner. Once again it is worth considering engaging an external expert to investigate the complaint.
  • Ensure that internal policies and procedures are followed, make sure your policy allow you to conduct the processes concurrently.
  • Have a clearly and defined process for investigating the complaint in place.
  • If the performance management or disciplinary process are to be conducted concurrently the person that is or was conducting the performance management should not be involved in the investigation.
  • Keep clear and comprehensive documented evidence of the decision-making process.

In addition to further bullying claims, employers also risk a claim under the general protections provisions where disciplinary action has been taken following a complaint of bullying.

If in doubt or you don’t have any of the following; time, experience, expertise or Confidence, Call an expert, the saving in stress will outweigh the cost – AWPTI can assist details here

The author Phil O’Brien is a highly experienced and skilled workplace investigator and trainer who can take the stress out of conducting workplace investigations into bullying, harassment, sexual harassment, discrimination and other forms of misconduct.

If I can assist you, please contact me on 02 9674 4279 or via my LinkedIn profile.

This is general information only. It does not replace advice from a qualified workplace investigator in your state or territory. It is recommended that should you encounter complaints in the workplace that you seek advice from suitability qualified and experienced workplace investigators.

AWPTI – workplace investigation Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations, discrimination investigations

www.awpti.com.au
http://awpti.com.au/investigations/
http://awpti.com.au/training/

Workplace Bullying all Access Pass

Workplace Bullying all access pass – with the advent of the internet that most of us have had in the workplace since the early 90’s and the more recent explosion of social media, workplace bullying have been given a 24/7 all access pass into our lives, our families and our homes. It could be argued that the impact and collateral damage is reaching plague proportions.

Employers and employees must be aware that bullying and other issues such as sexual harassment are considered to have occurred in the workplace when it happens:

  • at the workplace
    • Where the harasser works
    • Where the person being harassed works
    • usually where they both work
  • at work-related events
  • at any event between colleagues outside of workplace
  • On social media between people who work at the same place irrespective of location of the parties at the time.
  • Via any communications devise of platform between people who work at the same place irrespective of location of the parties at the time.

What should employers do to restrict the Workplace Bullying all access pass

  1. Have a social media policy that clearly outlines the organisation’s behavioural expectations.
  2. Communicate the policy and expectations on a regular basis via social media, internal internet, newsletters, toolbox talks.
  3. Conduct training that reinforces the organisation’s behavioural expectations.
  4. Ensure that your employers know that they can report these matters and how to do so.
  5. Have pro-active and responsive mechanisms to deal with instances or reports of inappropriate behaviour via social media.

Taking a pro-active (policies & training) and a reactive (investigation) approach will not only lesson the impact of workplace bullying on your employees and your workplace it will also help to satisfy your duty of care.

Duty of Care

Everyone in a workplace has a duty of care to ensure that they do all that is reasonably practicable to ensure the safety of all others in the workplace.

Everyone have a duty of care to ensure that they take all reasonable steps to ensure that there is nothing in the workplace that could cause an employee to suffer an injury or to contract an illness. This includes taking reasonable steps to eliminate and/or respond to workplace sexual harassment.

Courts have found that workplace sexual harassment can lead to the development of psychological injuries such as anxiety, stress, depression, PTSD and in the worst cases lead to suicide.

Remember section 32 of the Work Health & Safety Act 2011 – more details

S32 Failure to comply with health and safety duty-Category 2

A person commits a Category 2 offence if:

(a) The person has a health and safety duty, (That’s you the employer) and

(b) The person fails to comply with that duty, (by doing nothing pro-active or reactive) and

(c) The failure exposes an individual to a risk of death or serious injury or illness (Your employee the victim of bullying)

Maximum penalty:

(a) In the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)-$150,000, or

(b) In the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking-$300,000.

The penalties are greater under section 31 – More details

Not sure what to do – AWPTI can assist you with training and investigation – www.awpti.com.au

AWPTI – workplace investigation Sydney and through-out NSW, QLD and Victoria. Workplace training national wide

Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations, discrimination investigations

www.awpti.com.au
http://awpti.com.au/investigations/
http://awpti.com.au/training/

Workplace bullying workplace harassment – Why has this research been done?

  • To better understand the prevalence of workplace bullying and harassment in Australian workplaces and to identify workplace risk factors associated with the occurrence of bullying and harassment.

What did we find?

  • Bullying was measured using both a widely accepted international definition and the Australian definition used by Safe Work Australia. The prevalence rates using the international and the Australian definitions were similar: 9.7 per cent and 9.4 per cent of Australian workers respectively reported they had been bullied in the last six months.
  • Of the seven types of harassment measured, the most common form of harassment experienced by Australian workers was reported as being sworn at or yelled at (37 per cent), followed by being humiliated in front of others (24 per cent).

What do the findings suggest?

  • Self-reported bullying is common in Australian workplaces and is associated with poor psychological health. Psychosocial Safety Climate (PSC) and psychosocial factors such as job demands, job control and job resources are also related to the occurrence of bullying and harassment.

You can download a copy of the report into Workplace bullying workplace harassment in pdf format – bullying-and-harassment-in-australian-workplaces-australian-workplace-barometer-results

Workplace bullying workplace harassment – Originally published at https://www.safeworkaustralia.gov.au/doc/bullying-and-harassment-australian-workplaces-results-australian-workplace-barometer-201415

A word doc version of the report can be downloaded from the link above.

An understanding Workplace bullying workplace harassment is vitally important for all organisations, failure to take action to prevent or respond can be costly and could constitute a breach of your duty of care. Australian Workplace Training & Investigation can assist with training and investigation of Workplace bullying workplace harassment issues. Please contact us or 029674 4279 or enquiries@awpti.com.au

AWPTI – workplace investigation Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations, discrimination investigations

www.awpti.com.au
http://awpti.com.au/investigations/
http://awpti.com.au/training/

Bullying laws

Bullying laws cover company boards after landmark decision – Board directors and chairpersons will be able to seek anti-bullying orders against each other following a landmark ruling from the Fair Work Commission that opens up workplace bullying laws to senior levels.

Lawyers expect the decision will lead to similar, senior-level claims and warn they could prove a distraction to the daily business of company boards.

The case concerned the governing board of South Australia’s remote Aboriginal lands, Anangu Pitjantjatjara Yankunytjatjara Inc, and its chairperson Trevor Adamson’s claims of bullying against general manager Richard King and deputy chairperson Bernard Singer.

Mr Adamson claimed the pair were refusing to deal with him, “disrespecting his wishes”, “orchestrating” events to prevent quorums, stopping him from accessing minutes and defaming him.

Mr King and Mr Singer strongly rejected the allegations and called for Mr Adamson’s claim to be thrown out, arguing he was not a “worker” covered by the Fair Work Act’s anti-bullying jurisdiction.

But commissioner Peter Hampton said the act adopted a “very wide approach” to the definition of worker in that all that was needed was “the undertaking of work for a person conducting a business or undertaking”.

“Further, a broad approach to the definition recognises that workplace health and safety hazards and risks do not discriminate based on legal relationships or whether a person is paid.”

He found Mr Adamson’s activities and duties as a chairperson represented “work” for APY Inc, supported by the fact that he was paid significant additional remuneration in the role.

“Mr Adamson may not be considered to be a ‘worker’ in the traditional sense of the difference between a manager/employer and a worker,” he said. “However, the context in which the expression is used here is different.”

Despite this, the commissioner dismissed Mr Adamson’s application given he had not been re-elected chairperson since and so was not at “future risk” of being bullied at work

Ashurst employment partner Vince Rogers said the decision was the first to find company directors were covered by the bullying jurisdiction and the commission’s “broad view” would allow for claims at “peer level” but also “up or down” between board members and executives.

In particular, he said claims could be “quite rife” in not-for-profit organisations where board members had different points of view on issues important to them.

“You can see it being used as a vehicle for where disputes arise or an impasse has been reached at board level,” he said. “Time will tell how far [the commission] wants to intervene.”

He said such cases would require senior board members to “respond substantially”, and noted the APY case went on for several days, which would “surely have been a distraction” to those managing the organisation.

“Certainly, because of this decision, I expect a lot of other cases to engage in the area. Definitely watch this space.”

If you require assistance with training in regard to Anti Bullying or other workplace issues please contact us – http://awpti.com.au/training/

AWPTI – workplace investigation Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations, discrimination investigations

www.awpti.com.au
http://awpti.com.au/investigations/

 

 

 

Workplace Investigator – Why you should have a trusted one on speed dial.

Workplace Investigator – Having a relationship with a workplace investigator that can provide your organisation with benefits when it comes to;

Priority

Complaints, grievances and allegations of misconduct are stressful for everyone, the parties involved and the organisation.  You need to have these matters investigated in a timely and professional manner.  In addition to the disruption to the workplace, courts and tribunal have criticised organisations for workplace investigations that were not carried out in a timely manner.

Having a relationship with a qualified and experienced Workplace Investigator will generally see you being given priority.  Recently I conducted interviews with 1 day of receiving instructions and interviewed some of the parties on a Saturday morning.

Quality

Most organisations don’t have to deal with complaints, grievances and allegations of misconduct on an everyday basis, so in most cases when they engage an external investigator they really don’t know what they are getting.

When issues arise organisations usually have two choices when they decide to outsource;
(1) Go to Google – If you choose a workplace investigator or investigation company from the front page of Google, does that mean you are picking a good investigator or just one that has spent money on SEO or Ad Words?

(2) Engage someone you know, someone you trust, someone you have at least met and discussed your needs with, someone whose background, experience and qualifications you have reviewed.

In relation to Google, Australian Workplace Training & Investigation (AWPTI) ranks highly on Google in a number of investigation and training categories, I haven’t spend a cent of SEO, however I do publish a lot of interesting and I think helpful material via my website blog page http://awpti.com.au/blog/ and via LinkedIn https://www.linkedin.com/in/philobrien1/ (if we are not connect, please feel free to send me a request).

I am always open to meeting with organisations to discuss how I can assist them with a view to developing an on-going relationship.

Cost

While I cannot speak for others, I provide special rates for my on-going clients.  It’s worth noting that I have observed, the bigger the investigation company, the more they charge and cost is not actually an indication of quality.

Advise to businesses

If you don’t have a relationship with a qualified and experienced workplace investigator take the time to meet with and get to know one, it could save you a lot of time, stress and money in the long run.

Please feel free to download my professional profile – Professional Profile Phi O’Brien

AWPTI – workplace investigation Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations, discrimination investigations

www.awpti.com.au
http://awpti.com.au/investigations/

Support person – workplace investigation

Support person – workplace investigation – All you wanted to know about a support person but were too afraid to ask.

It should be noted that under Section 387 of the Fair Work Act, in subsection “(d) any unreasonable refusal by the employer to allow a person to have a support person present to assist at any discussions relating to dismissal may be considered as part of the criteria for considering harshness etc.”

Although the FWA refers to unreasonable refusal, I recommend always offering a support person to an interviewee whether it is in relation to a disciplinary or performance related matter. If they refuse record the refusal.

What is a support person?
Someone who attends the interview to provide emotional support to the interviewee if need be.

What is the role of the support person?
Generally it is to sit down and be quiet. However a support person can ask questions of the interviewer and in most cases can provide advice to the interviewee if appropriate but should not answer for the interviewee. They may also speak on behalf of the interviewee if that interviewee is not able to do so.

Please note under some EBA’s the support person mostly union representatives are provided with the authority to advocate on the employee’s behalf. If that is the case you can rest assured that the union rep will let you know.

Who can be a support person?
An adult not involved in the interview or investigation.

Can you refuse the interviewee a support person?
No, not unless you want to fall foul of s387 ss(d).

Can you decide who the support person can be?
No.

Can you decide who the support is not?
Yes, if the person is a witness in the matter, a co-respondent, a child or if the person is apparently unsuitable. In the case of union officials or other officials, if the proposed support person has been the support person for the other party in an investigation.

What happens if the support person is prompting the interviewee?
This can actually be helpful as they may have discussed the matter beforehand and the support person may be helping the interviewee to recall events. The interviewee may be nervous and could tend to forget certain details during the interview. Listen carefully, if it is getting out of hand stop the interview and ensure the support person is aware of their role and boundaries.

What happens if the support person is disruptive?
It is always wise to ensure that the support person is aware of their role and boundaries before commencing the interview. If the support person is disruptive during the interview I recommend the following:

  1. Stop the interview and ensure the support person is aware of their role and boundaries. You may have to do this more than once
  2. If the interview is becoming unworkable, stop the interview and re-schedule it. It might be wise at this time to discuss the choice of support person with the interviewee

Can I eject a support person from the interview if they are becoming too disruptive?
Yes but I don’t recommend it. It could be considered as falling under s387 FWA ss (d). Stop the interview and re-schedule it, discuss the choice of support person with the interviewee.

Can the interviewer have a support person?
Yes and I recommend it if you have a feeling that the interviewee may be difficult.

What can my support person do?
That depends, if they are a co-interviewer they should be taking notes and then ask questions that you may have not or questions that help to clarify matters.

If they are simply there to support you I recommend that your support person should also be taking notes.

Having a support person can help to ensure that complaints are not made against you in regard to the manner in which the interview was conducted.

The author Phil O’Brien is a highly experienced and skilled workplace investigator and trainer who can take the stress out of conducting workplace investigations into bullying, harassment, sexual harassment, discrimination and other forms of misconduct.

You can contact me on 02 9674 4279 or phil@awpti.com.au

This is general information only. It does not replace advice from a qualified workplace investigator in your state or territory.  It is recommended that should you encounter complaints in the workplace that you seek advice from suitability qualified and experienced workplace investigators.

AWPTI – workplace investigation Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations, discrimination investigations

www.awpti.com.au
http://awpti.com.au/investigations/

Discrimination Investigation Sydney 

Discrimination Investigation Sydney – Discrimination is any behaviour, practice or omission that makes distinctions between individuals or groups, so as to disadvantage some and advantage others.

Discrimination is unlawful on the grounds of:

  • Age
  • Carers’ responsibilities
  • Disability – physical or intellectual disability, HIV/AIDS
  • Gender
  • Irrelevant criminal record
  • Marital status, including occupation of spouse or partner
  • Parental status and carer/family responsibilities
  • Physical appearance
  • Political conviction
  • Pregnancy or potential pregnancy
  • Race, nationality or ethnic origin
  • Religious belief
  • Sexuality or sexual orientation
  • Social origin
  • Trade union activity
  • Transgender

Unlawful discrimination can take two forms:

1) Direct

2) Indirect

Direct discrimination

Is any action that excludes a person or a group because of an irrelevant personal characteristic, for example, an individual is treated less favourably on the basis of an attribute that the person may possess, such as race or disability.  Direct discrimination can include:

  • Not giving someone a promotion because of their gender
  • Forcing an employee to retire at 60 years of age
  • Employment advertising that has requirements, such as minimum age, which is not critical to the job

 Indirect discrimination

Occurs where a condition, requirement or rule is imposed, which on the surface is neutral or equal, but in fact operates in a way that discriminates against particular groups that have some characteristic in common (such as gender or national origin).  For example:

  • An advert that requires candidates to be 180cm tall for a certain job may be indirectly discriminating against most women
  • A requirement that everybody has to wear a company cap could be indirect discrimination on the grounds of religion. This is because members of some religions are required, as part of their faith to cover their head with particular headwear and wearing a cap would not be appropriate. This does not apply to appropriate and necessary safety wear
  • Removing the flexibility in start and finish times may discriminate against parents who are required to pick up children from school

Discrimination does not include

  • Legitimate and appropriate management including the management of performance
  • Legitimate and appropriate performance review
  • Management of work-related interpersonal conflicts and occasional differences of opinion which may be more appropriately addressed under a dispute resolution policy
  • Investigations into bona fide complaints
  • Participation in dispute resolution processes

When investigating workplace discrimination it is important to get all the facts and evidence, conduct the process in a timely and professional manner and make determinations  adhering to procedural fairness guidelines.

If you are unsure about conductingdiscrimination investigations, contact Australian Workplace training and Investigations, we can help, contact us on 02 9674 4279 or enquiries@awpti.com.au

Check out our other blog articles about discrimination investigations.

AWPTI provides professional discrimination investigations in a timely manner within your budget

AWPTI – workplace investigations Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations

www.awpti.com.au
http://awpti.com.au/investigations/

Anti-bullying laws disciplinary process

Anti-bullying laws disciplinary process – Anti-bullying laws might be used by employees facing a potentially adverse disciplinary process to delay or halt it.

Anti-bullying vs disciplinary process: Fair Work Commission asked to find the balance

A recent Fair Work Commission case demonstrated an inventive way in which the FWC’s anti-bullying jurisdiction can be used by employees facing disciplinary proceedings. It may have opened a can of worms for employers.

In Lynette Bayly [2017] FWC 1886, the FWC issued an interim order preventing her employer from taking any further actions to finalise an investigation into the conduct of an employee or to impose any disciplinary sanction on the employee arising from the investigation or to terminate the employment of the employee.

Ms Bayly had made a section 789FF “stop bullying” application to the Commission alleging she had been subject to bullying at work.  The alleged bullying included the investigation by the employer into her conduct.

Despite the application, the employer continued the investigation and, as part of that process, advised her that draft findings had been made. Ms Bayly was then stood down and directed to attend a meeting to give her response to the draft findings. The investigation would then be concluded and any disciplinary outcomes of the investigation determined.

Ms Bayly’s lawyers wrote to the employer indicating she was unfit for work for a period that extended beyond the date of the proposed meeting.  They sought agreement from the employer that it would not require her to provide a response, attend a meeting or impose any disciplinary sanction in relation of the allegations under investigation.  The employer declined, confirming its intention to proceed with the disciplinary process.

As a result Ms Bayly sought an interim order from the Commission preventing her employer from continuing with the investigation, or from taking any disciplinary action arising from it, pending the determination of the substantive bullying claim.  The interim order was sought under section 589(2) of the Fair Work Act which is in the following (simple) terms:

“The FWC may make an interim decision in relation to a matter before it.”

Can the interim order be made under these circumstances?

The employer opposed the interim order:

  • Ms Bayly had not provided a substantive response to the investigation;
  • the investigation was being conducted in a “reasonable manner”;
  • any interim order made by the Commission in the exercise of its anti-bullying jurisdiction must be directed towards preventing a worker from being bullied at work;
  • the draft findings of the investigation are adverse to Ms Bayly; and
  • if Ms Bayly were to be dismissed, she has other remedies available to her.

The employer claimed that the Commission was being asked to prospectively injunct the employer from dismissing the employee. As stated in the judgment,

 “That is, to essentially use the anti-bullying jurisdiction to step in and prevent a possible adverse action, without consideration as to whether that dismissal is justified.  The orders sought go beyond what would ordinarily be available in relation to an anti-bullying application and should not be made.”

It did not, however, say that the Commission had no power to make the order.

Commissioner Hampton started from the basis that he could only make an interim order if there is a serious issue to be tried and after determining where “the balance of convenience” lies. He then observed:

It also appears to me that the consideration of the prima facie case and the balance of convenience must be assessed having regard to the nature of the substantive application, the jurisdictional context in which the application is being considered, and the circumstances of the parties.

In a matter such as this, I also consider that the nature of the remedy provisions of s. 789FF of the Act [the anti-bullying provisions] should inform the consideration of the request for interim orders and the nature of any discretion to be exercised.  However, the purpose of the interim orders, including to preserve the capacity to advance the substantive application in appropriate circumstances, must also be considered.”

Should the interim order be made?

The next issue was looking at the particular circumstances of this case. The Commission took into consideration:

  • claims made in the substantive anti-bullying application about the retrospectivity of the conduct allegations;
  • the fact preliminary adverse findings had been reached against Ms Bayly;
  • Ms Bayly’s medical condition;
  • concerns expressed about the employer’s process and stated intention to finalise the investigation and make a decision on disciplinary action which could include dismissal of employment.

Commissioner Hampton was satisfied

“… that the s. 789FC application [the anti-bullying provision] has prima facie merit and there is sufficient likelihood of success to justify the preservation of the status quo pending further consideration and determination of the substantive matter by the Commission.  The allegations made by [the employee], if ultimately supported by evidence, would be grounds to support a finding that there was reported unreasonable conduct whilst she was at work within the meaning of s. 789FD of the Act.  Adopting the same caveat, those circumstances would also suggest that a relevant risk to health and safety arose.” 

Interestingly, a key aspect of the anti-bullying jurisdiction ‒ that no orders can be made once the employment relationship is at an end (except in very limited circumstances) ‒ was identified as,

“…a significant factor directly relevant to the balance of convenience and the exercise of any discretion”.

Commissioner Hampton recognised that circumstances might change the balance of convenience, so the interim orders might need to be reviewed.

How does this affect future disciplinary proceedings?

This decision is an interesting and concerning development, one that should be watched carefully by employers. It may well be a warning of what is to come for employers undertaking investigations and disciplinary processes.

The interim order has effectively halted (for the time being) the employer’s disciplinary process. The likely next step is the resolution of the substantive bullying claim.

Does this mean employers and employees will be in a race to the court if there is a potentially adverse disciplinary process? Commissioner Hampton did have some general words of caution for employees (or their representatives):

“given the scheme of the Act, interim orders of the nature being considered here would not be issued lightly.  The direct intervention of the Commission at such an early stage of proceedings should be exercised with considerable caution.  Further, the mere indication that a disciplinary process was involved in the complaints of workplace bullying, without much more, is unlikely to trigger the balance of convenience for such action.  Of course, each application must be considered in its own right and circumstances. 

As [the employer] contended, the Commission should be alert as to the undesirability of permitting the anti-bullying jurisdiction to simply be used to circumvent reasonable disciplinary action and its consequences.  In this case, there are some particular circumstances that have justified the making of the interim order.”

Notwithstanding Commissioner Hampton’s words of caution, it would not be surprising to see many applications of this kind in the context of disciplinary proceedings.

To put themselves in the best position to defend such applications employers should;

  • ensure any investigation is conducted fairly and objectively and does not, in the way it is undertaken, of itself constitute bullying (ie. it is “reasonable management action carried out in a reasonable manner”);
  • Consider out-sourcing bullying investigations to suitably qualified and experienced investigators.
  • Be able to demonstrate adverse consequences if a disciplinary proceeding is delayed by the making of such an interim order (including impact on other staff in the organisation and the integrity and efficacy of disciplinary processes).

Australian Workplace Training and Investigation can assist with professional and timely investigations of workplace issues such a bullying, harassment, sexual harassment, discrimination and other areas of misconduct such as Code of Conduct breaches, IT and email misuse, theft and fraud, please contact us if you require assistance on 02 9674 4279 or enquiries@awpti.com.au

AWPTI – workplace investigations Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations

Anti-bullying laws disciplinary process

www.awpti.com.au
http://awpti.com.au/investigations/

The author Phil O’Brien is a highly experienced and skilled workplace investigator and trainer who can take the stress out of conducting workplace investigations into bullying, harassment, sexual harassment, discrimination and other forms of misconduct.

You can contact me on 02 9674 4279 or phil@awpti.com.au

This is general information only. It does not replace advice from a qualified workplace investigator in your state or territory.  It is recommended that should you encounter complaints in the workplace that you seek advice from suitability qualified and experienced workplace investigators.

Anti-bullying laws disciplinary process

Workplace Bullying Training Sydney NSW

Workplace Bullying Training Sydney NSW – AWPTI can assist you by providing engaging and informative workplace training courses that address workplace bullying.

Incidents and complaints of bullying in the workplace are commonplace and it is recommended that employees respond in a timely and professional manner. Employers have a duty of care to provide a workplace that is free from bullying. Having effective and up to date training in place can assist you to satisfy your duty of care.

Workplace bullying is any behaviour that is repeated, systematic and directed towards an employee or group of employees that a reasonable person, having regard to the circumstances, would expect to victimise, humiliate, undermine, or threaten and which creates a risk to health and safety.

COURSE AIMS

The session aims to provide practical skills to help enable your staff and managers to recognise what is and what is not workplace bullying and to offer strategies to deal with bullying in the workplace.

The session will also provide participants with information to understand what is and what is not workplace reasonable management action.

LEARNING OUTCOMES

At the end of the workshop participants should be able to:

  • Understand and identify what is and what is not bullying in the workplace
  • Understand and identify what is and what is not reasonable management action
  • To gain an insight in to why people bully and what you can do about it
  • Provide examples of workplace bullying.
  • Understand the legal ramifications of bullying in the workplace

The course is divided in six parts;

Part One: What is workplace bullying

Part Two: What is reasonable management action

Part Three: What should you do

Part Four: Behaviours in the workplace

Part Five: Power Emotion and Self Control

Part Six: Legal Responsibilities

The course can be run and a time and location to suit you and your employees, a method preferred by a number of our clients is to run it as a ‘Lunch & Learn’ session.

AWPTI can also assist you with training sessions that address Workplace harassment, sexual harassment and discrimination. Check out our blog and other pages for more information about workplace bullying and how we can assist with bullying investigations –  http://awpti.com.au/investigations/

If you would like more details, please contact us – enquiries@awpti.com.au

AWPTI – Workplace training Sydney and through-out NSW  and national wide, interesting and informative Workplace training courses
Misconduct training, bullying training, harassment training & sexual harassment training

www.awpti.com.au