Workplace Harassment – do you know what to do?

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.

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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.