Workplace Harassment – do you know what to do?
By workforce : Filed under Your Articles
Workplace related harassment and bullying is a very real and worrying concern in Australia. Not only are we hearing of more instances in the media but sadly the outcome of some of these cases has been tragic.
Employers need to take action
While the reason for the growing number of harassment cases isn’t clear what is abundantly clear is the need for employers to manage any complaint swiftly and professionally to reach the best outcome for all parties involved.
The following provide employers with some pointers on how best to do this….
Harassment defined
Firstly employers need to understand how ‘workplace harassment’ is defined.
Simply put it means to unfairly trouble, upset or bully another person by repeatedly picking on them or singling them out for adverse special attention.
In an employment relations sense harassment may be defined as any words, physical behaviour or conduct, which is unwelcome or offensive to an employee. This behaviour is of such a significant nature that it has a detrimental effect on the employee’s employment, job performance or job satisfaction.
Protecting the workforce
First and foremost employers should have a clearly defined and written workplace harassment policy in place , which is communicated to all staff and plainly states that:
• Harassment or bullying is unacceptable
• If it occurs it will be treated as a disciplinary offence and depending on the seriousness or nature of the offence, an employee may be liable for dismissal in such circumstances.
Confidentiality is key
When dealing with harassment queries or complaints confidentiality is crucial. Employers need to assure employees making enquiries or complaints that all communications and interviews will be treated as strictly confidential. They also need to assure employees that their career prospects will not be jeopardised by virtue of them taking up a legitimate harassment complaint.
Dealing with malicious allegations
Employers need to also make it clear that any unsubstantiated allegation of harassment which is shown to be made maliciously will result in disciplinary action against the accuser. They also need to make it clear that anyone found to make malicious complaints will also risk the possibility of a claim for defamation by the alleged offender.
Managing a query or complaint
In some cases an employee may decide to make a direct, informal approach to their ‘offender’ and ask then to stop any offensive behaviour. If this action is inappropriate or unsuccessful then the employer needs to become involved and handle any query or complaint as a matter of urgency (preferably on the same day it is raised).
• Use a non-public venue so the matter can be discussed confidentially.
• At the outset of the discussion, determine what the exact nature of the query is or what is specifically concerning the employee.
• Ask the employee what results they expect as a consequence of raising the query.
• Answer the employee’s questions. If unsure on any point, get back to the employee with an answer as soon as possible.
Taking the matter further
Should the employee wish to pursue the matter, they have two options:
• In-house mediation
• Formal complaint
In all cases it should be up to the employee how the matter proceeds and once they have decided the employer should agree on a course of action with them.
It is also a good idea for both the employer and employee to refer to the Human Rights and Equal Opportunity Commission for additional information if need be (www.humanrights.gov.au).
Always act quickly and professionally
Most importantly, if an issue arises it is crucial for employers to immediately manage the issue with professionalism, urgency and sensitivity.
For more information on this and other employment relations topics go to www.workforceguardian.com.au - Australia’s most comprehensive inexpensive online employment relations service that helps employers navigate confusing employment law in order to properly hire, manage and exit employees:
• Fully compliant employment contracts and agreements that are ready to sign in minutes,
• Step-by-step employment processes and document templates such as employee evaluation forms and employee termination letters,
• Central and secure round the clock storage of sensitive employee information,
• Valuable employment law advice to manage staff issues without the fear of being sued,
• Verified by Clayton Utz and available via the web 24/7.
Disclaimer
This article is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice may be necessary in particular transactions or on matters of interest arising from this article. Workforce Guardian Pty Ltd is not responsible for the results of any actions taken on the basis of information in this article, nor for any error or omission in this article.
This information is almost useless in certain cases, what if it is the employer or the higher ups that are doing the harassment? i need to know if there is any third party that can be involved to stop the harassment. Who can help? It is my mother that is being harassed in the workplace and its by managers and supervisors, its not physical but emotional, the amount of stress that it is being put on her is damaging and is almost causing a mental breakdown. We are i SA and i would like to know if and what unions are out there that can help.
Hi Tristan
I’m sorry you’re having a hard time trying to deal with this situation… it certainly is not pleasant, and that’s the whole problem with it isn’t it… the powerlessness of the whole situation, especially when it is a “higher up” who’s causing the problem.
I’ll ask the author of this post to respond directly to your comment as they are much more familiar with the ins and outs of what to do.
Thank you for taking the time to comment
Hi Tristan,
This is a challenging situation and I am sorry to hear that you are having a hard time. The best advice we can give is for your mother to approach the HR Manager of the company she is working at and raise the specific issues with them particularly if they have an Employee Handbook , policy or code of conduct which mentions how staff should raise issues.
If the company does not have an HR Manager, then she should call the Workplace Authority on 1300 363 264 and they will be able to advise appropriately.
Kind Regards,
Workforce Guardian
Recently I have been really uncomfortable at work, I feel as if I am bein isolated and not wanted. My employers have issued me with 2 warnings within a month, and I have been with the company for 12 months and have had no trouble what so ever till now. And it seems only ONE of the partners is picking on me and it involves sexual harrasment. And another example was everyone got uniform and I didn’t. Should I call someone? I cry everytime I go home but in this day and age I can’t afford to be out of pocket. What should I do? Please help
Without knowing the actual specifics of Adrianna’s situation, we cannot offer any useful advice on how to proceed in that situation.
People who are subject to harassment at work MUST familiarise themselves with whatever policy is in place at their workplace, as it is best to follow those procedures through. They can also turn to their union for support in the issue. Various government agencies may also be able to help as well.
However there will be occasions where there probably is no real alternative but to quietly look for work elsewhere… and leave those problems behind you.
Yeah… I know what it sounds like, but basically if they are being creeps, why would you want to stay there anyway? Look on it as a signal/opportunity to find a better job and/or workplace that is more suited to you.
whats the difference between nit picking and bullying, my boss seems to have nothing serious to complain about but always finds something, I sign too loudly. I hang the phone up to loudly, nothings ever been said but I was’nt used for sales and small comments about excercise I have a weight problem, which is being adressed. I talk too much, when he’s the one always running behind because he chats to long in his appointments. Stuff gets delayed, because of his procrastinating and then its someone elses fault, usually mine. I’m really fed up because I feel like I’m being sigled out and being pushed to see how far he can go before I crack.
Hey Catherine, sounds like that isn’t nit-picking… but do realise that there are always people who just have to find something to whinge about! In this case it sounds like it’s also a cover up for his own inadequacies. So do your job well, and maybe he’ll go pick on someone else… or at least have little reason to pick on you
If not, ask yourself if you really need to be there? Life’s really too short to put up with this sort of rubbish!
8 months ago i got a temp job as an assistant for an engineering firm. Things were going really well so my supervisor suggested i go on full time, step up and have someone take my role, making 3 of us. About a month after the new girl started my supervisor’s behaviour and attitude towards me changed slightly over time very dramatically. She would not give me work so i would have practically nothing to do, then out of the blue ask me for an update on what and where i was up to with my work. When i would have nothing to offer her she would critisise me talking down to me in a condescending and belittling manner about how i need to start “improving and start thinking ahead.” When i got fed up with this happening over and over i started to go around the office to other secretaries and help out in any way i could so my supervisor couldn’t get mad at me or make me feel stupid… which is basically what i honestly started to believe.
She would also call me into an empty meeting room once a week, close the door and tear me and my work efforts to shreds until i was in tears in front of her. But she always used this discreet, professional almost sarcastic tone. I told her in one our meetings that had really upset me, that i felt like i was letting her down all the time and even asked her if she wanted me to quit, and her response was “oh no darling this is just a catch up meeting”…
I would also get in trouble for the littlest things like jobs that werent done around the office that had nothing to do with my job description but were the new girls… yet it was always my fault. She would tell me to discipline her but when i would she told me to stop wasting time on telling the new girl what to do and concentrate on my own work. She would punish me differently to the new girl… being overly open about favouring the other.
Over the next 3 months everything just kept getting worse, but the part that sucked the most was my supervisor started picking up and taking the new girl to and from work because they lived close to each other… which was fine but just made things a lot worse.
She also put me down and spoke poorly of my work ethics in a regularly held principles meeting a couple of times. So i was humiliated in front of all the important people in the company. Also because i was getting work off other secretaries she had no control over me so she would pick at me, about absolutely anything until she could find a reason to rouse at me over. I ended up inflicting pain on myself because i got that low. I would go into these blind rages at home whenever something didnt go right there, i was always crying and was in a depressed state that i cannot begin to explain. This is all so out of character for me…
In the middle of all this after about 4 or 5 good months of all this I went to HR because i was aware that there were 3 girls before me that she had treated like this and the other senior secretaries who knew what was going on were powerless and also fed up. I told the HR manager everything from the inside out. He seemed very disappointed and said would make urgent arrangement to have a meeting with her and her boss to discuss all this. About 2 and a half weeks later the meeting happened. I was not included nor was i informed it was even happening when it did. I had to chase up the HR manager about how it went and he advised it was sorted, she now has a harrassment note on her file and she just said she wasn’t aware of how she was making me feel she was just not happy with my performance at work… but things would change…
The next day she didnt speak a word to me. Unless i asked her a question that she had to answer. It was the best day i had seen for a long time. The day after was friday… and she was right back to her old ways. The HR manager advised me to inform him if the behaviour continued because then further actions will need to be taken. I went down to him that day with the unnecessary email she had sent, and i went down the next week, and the week after and the following months leading up to christmas break just last year with her continuous bahaviour. Nothing was ever done beyond that meeting. I even made myself look like a complete fool and went to talk to my supervisors boss.. who was my big boss in hope there. He made mention the seriousness of my allegations towards my supervisor, he said that they had a talk to her and a note was put on her file… which he again repeated the serious issue i had created and advised if any further bullying was done then something more would have to be done about it… he said “for now, we have done everything that we need to”
I didnt have the guts to tell him that it had never stopped so i walked out feeing worse then i felt before i went it.
I even had counseling through all of this… although she just told me to quit and get out of there which was no help at all (i wasn’t in the financial position to just quit without something to fall back on and i had been looking for work for a few weeks by this time)
I still have scars from my self mutilation because i felt so pathetic and useless physical pain was more or less a distraction. I nearly busted up my relationship with my boyfriend because i was always angry, bitter and depressed when i was at home. I would have anxiety attacks on Sunday nights and sometimes not go into work Mondays because of the way she made me feel and the way she spoke to me. Towards the end i got a lot stronger and stopped letting her get to me which she noticed and just tried even harder… which made me even stronger.
I was made redundant last tuesday because of the recession going on so i dont work there anymore now… but what do you do when you get to the point where you are questioning your own self worth, and general day to day capabilities because of the way someone from work can make you feel? What do you do when you go to HR and there are endless promises on doing something about it but you always ending up back at square 1? I was completely helpless and alone. Everyone in the office could see how she was treating me… yet no one… not one person could help me or do anything about it. I eventually stood up for myself and stuck it out in hope that something would be done… but here i am with no job and scars from a dark part of my past. I just want everyone out there to know how serious treating people like this really is. I was never bullied at school i had friends, people liked me. I never would have thought i would be battling a teenagers battle at the age of 21. Those days are some of the darkest i have seen in a long time… i completely lost who i was as a person and am still now rebuilding everything about me that crumbled… but i did learnt a very valuable lesson through it all that I will stand by for the rest of my life. Always stand up for what you believe in, fight for what you want, and let the only person to beat you down be yourself.
Monique… your story is an absolute shocker! Thank you for sharing it!
The fact that so many people knew about what was going on and did little to help is almost beyond me! I suppose they too were worried about losing their job if they spoke out.
I can imagine that if there was a trade union involved with your workplace, then the outcome would have been totally different.
The sad thing is, some people just can’t be good bosses. It takes a lot a skill to manage staff properly, and it seems like you met a few without those skills.
As you said in the end, you did learn a valuable lesson - stand up for what you believe in and fight for what you want.
And don’t let anyone beat you down… not even yourself!
I would like to add just one additional piece of “advice”…
While it’s great to stand up for yourself, please recognise that not everything you stand up for is going to be a winner for you!
So pick your battles! Fight for the things you can win, and walk away from the others
My wife is working in a small organisation. She has been working there for more than 5 years.
All the time she had a really good reviews and pay rises.
Since last few months she had a new manager and since then reviews have gone bad and now it is getting worse.
My wife is saying she is only one in the organisation having a reviews every fortnight and her manager is trying to pick every small fault she did, to show it big.
She is having sleepless nights and mental tension all the time.
She wants to take this matter to the higher management and she thinks because it is a small organisation she will not be able win against them.
She wants to quit but because of the mortgage she needs to find the other job before she says to goodbye to this one.
My question is what can she do to protect herself from discrimination against her.
Doing reviews every fortnight is this discrimination. Can she approach anybody outside organisation to discuss this matter.
Hi Rohit
It does seem strange that she is having so many recent reviews considering her past history…
Sounds like some over-zealous management by your wife’s new manager.
Forget about trying to “win” against management
This is not meant to be a fight, so don’t turn it into one!
These are questions that she has a right to get answers to here… If she can’t discuss this (calmly and rationally) with her supervisor and work it out, then she needs to go higher and discuss it with their boss.
Hope that helps.
Cheers
Stephen
I’ve recently been employed in a food business as a manager there. Things have been going well and I’ve been learning a lot every day. The staff under me are all teenagers and occasional foul language is inevitable. However I’ve realized that they treat our old customers poorly and sometimes ignore their order, I’ve spoken to them about it and I’m not sure what else I can do, of course I could send them a warning letter and all but I’m looking for a better solution other than this, because I mean they are a bunch of good quality staff.
Thankyou in advance.
Karen, while Gordon Ramsay may have popularised the use of bad language in food service, there is no excuse for it particularly in earshot of the customer. Staff who persist in that sort of behaviour need to be immediately reminded about how inappropriate it is…
Perhaps as their manager, you could borrow a technique used in the movie “Crackerjack” and introduce a “swear jar”, which makes them accountable in a financial sense for each naughty word accidentally dropped!
As far as treating your older customers poorly… come on! You really can’t say they are “a bunch of good quality staff” it that is happening.
Seems like you need to do more of what you are being paid for.. and that’s managing!!!
As a manager, you can’t be a “mate” to your staff, because that makes it hard to discipline them when it’s needed.
Be more assertive, but not bitchy! Pull the offenders aside… ask them to justify why they left that dear old ladies order go for 15 minutes longer than everyone else, and then ask them to explain why that just isn’t good enough!
Point out that pensioners look for value with the little money they have, and will likely go elsewhere to spend… and that will impact on the bottom line of your business and its ability to employ these people
Good luck
Stephen
Hi, I’ve been working in a restaurant as a waitress, and lately I’ve been getting no shifts at all for a couple of weeks, I’m not even sure if I’m still employed sometimes. This is not the first time it has happened, it has happened around 3-4 times before where I don’t get any shifts for a good couple of weeks. I’d have to chase the manager up and ask him if I have any shifts and he would say no, business has been quiet.
AND THE worst thing is this time when I went to chase him up, I was informed by him I was fired. This is so frustrating is there anything I can do?
Hi K - sounds like you were the boss’s least favourite casual employee by the sounds of things… with the irregular shifts etc.
I would suggest the only thing to do would be to go and politely ask him for a written work reference which you can use for the next job you apply for
Hi, the shop i work at has just been bought out by a new owner. he has sat down with each employee and asked us how long we want to keep working there. he has also asked me on another occation if i am staying there ong term. Is he allowed to do this? i thought this might be harrasment but i’m not sure. what if i change my mind and want to change jobs earlier then the ‘year or two’ i told him?
@Tara - this is not harassment - an owner has a right to know what the intentions of his staff are, especially a new owner. He needs to know if anyone is leaving soon… it helps with planning
That said, most jobs have a “notice” period where, if you want to leave, you have to give him say 2 weeks notice in advance of when your last day will be. So if you change your mind and want to leave… that should be OK but only IF you did NOT sign any sort of agreement to work for that period of time you told him… If you did, that’s another story you should seek legal advice on.
There are far too many stories of workplace harassment coming in, and I feel this is not the best place to attempt to offer “advice” to deal with these situations.
If you are being harassed at work - sexually or otherwise - it is best to start with your immediate superiors, or a union you may be a member of.
If it is your superiors who are doing the harassment, then go above their head.
If you don’t get a reasonable response, then seek advice from any state government organisations which may look after this area. Legal and/or police action may also be a possibility.
Whatever happens, if it becomes excessive, you may have no option other than to leave that workplace and seek employment elsewhere. Yes, I know this is “unfair” but staying in an unsatisfactory “relationship” is also not good for you!
There is little point in standing up for your “rights” if it is going to get nasty and mess with your health and state of mind.
Try to do what is best for you
I’m sorry - but I am NOT responding to any more comments made on this post. If you leave a comment, please do not expect to receive a response.
With all the many stories of workplace harrassment and need for union involvement, it seems like Australia is a very bad place to work in.
Usually the practical outcome is that the employee being victimised has to leave the organisation and find another job.
In my organisation, the HR department is supportive of management and cares little for the employees, so it is no point trying to involve HR to resolve workplace disputes with Supervisors. I have seen valuable employees being treated like garbage but I know that they have acted very professionally and done a good job.
This bullying by supervisors and management is a very disturbing and growing trend in Australia and something which the government and the law seems unable to deal with. Workers who try to take things further a usually considered whistleblowers and it affects their chances of finding employment with other organisations. I am disgusted!
It’s especially tricky to approach HR, when it is a small company and has a clique feeling to it…
Great tips,though… Just not practical in every instance…