Q&A : Bullying and Harassment

The law does not require you to have a policy, but consider these benefits in having a clear document in place:

• A policy is a package of information for the whole workplace to read and be familar with. Bullying (and harassment) is a serious matter, and a well-defined policy reduces uncertainty and anxiety over how the employee should report the matter.  It also sets out examples of behaviour that is acceptable within the work place (and what is not).  It will also provide information to the affected employee over what support they can/should expect if they make a complaint and should provide a step by step process.
• A policy applies to everyone, regardless of their status or positon within the organisation. It does not favour management, supervisors, or veteran employees.  It applies to everyone, equally.
• A policy is an ‘extraneous document’ and therefore does not require the employee to consent to it.  It does not necessarily form part of the employee’s individual or collective employment agreement and therefore it can also be updated or amended from time to time, or when appropriate.  Consultation is required – but it is not essential that the employee consents to it being implemented or changed.
• A policy shows good faith. It indicates to the  employee that the employer has already taken steps to address the issue, should it occur, and that the employer values the  maintenance of a productive and constructive employer/employee relationship.
• A policy can direct the employee to certain key people within the organisation of who they can talk to. It will reassure the complainant that their complaint will be taken seriously.  It will reassure the respondent that they will be given a full opportunity to be heard and considered impartially and objectively. 

The policy may be contained within a comprehensive ‘handbook’, or it may be an individual policy.   If your workplace does not have one, we can assist you in providing a step by step process of how to introduce your ‘proposed’ policy in a manner that provides for an opportunity for employee feedback and/or further discussion.  It is valuable and productive to gather and listen to the feedback from your employees before introducing it.

Yes. You. Must.  The point of your policy is that you are telling your employees that you will follow it.  They must follow it.  It will be one of your most valuable and well referenced resource.  It provides certainty and consistency. 

There is certain information that should be contained within your policy to ensure it addresses the main concerns that employees have.  It should include basic information about what is bullying (and what is not).   You may like to include definitions or provide an electronic link to other websites to assist.  It should include what kind of information will be required if the employee needs to raise a concern or make a complaint. It should include basic information about how a complaint is investigated, confidentiality and how the respondent can choose to respond. The policy may include a nominated person to assist and support the parties (complainant and respondent).  It may provide reference to EAP services for either party and a contact person for the employee to contact.  It may also include a cultural support person and/or information in obtaining translation services.  We can guide you through the process and help you ‘bespoke’ a policy that meets your requirements.