Workplace Bul ying Procedure

Workplace Bullying
Prevention and Response
1982
Procedure
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INFORMATION

OFFICIAL

THE

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Workplace Bul ying Procedure

Workplace Bullying Prevention and Response Procedure

Purpose
This procedure supports the Workplace Bullying Prevention and Response Policy  and
describes  how  WorkSafe NZ will approach workplace bullying. It  provides guidance for
employees and managers on how to address workplace bullying in order to maintain a
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positive, healthy and safe working environment for all.

Scope
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Workplace bullying is recognised as a workplace hazard,  with health and safety
implications for those who are affected.

This procedure offers guidance on preventing and responding to workplace bullying and
covers all WorkSafe NZ employees.

Background
An employee’s  health can be negatively  affected, both psychologically and physically,
when subjected to workplace bullying.
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Workplace bullying can negatively affect productivity and disrupt workplaces through:
•  impaired performance
•  increased absence
•  low morale
•  more mistakes and accidents OFFICIAL
•  loss of reputation
•  resignations and difficulty recruiting
•  poor service quality.

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WorkSafe NZ has a duty under the Health and Safety in Employment Act 1992  to
manage risks associated with exposure to hazards, including  workplace bullying.
WorkSafe NZ is committed to having exemplary practices and supporting the safety and
wellbeing of our workforce.

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Workers also have a duty to take care of their own health and safety and not adversely
affect other people’s health and safety.

Relevant Legislation
Health and Safety in Employment Act 1992

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Definitions
What is bullying?
Workplace bullying is repeated and unreasonable behaviour directed towards a worker or
a group of workers that creates a risk to health and safety.

Bullying behaviours
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Bullying behaviours are commonly grouped into two main categories:
•  Direct  and personal -  e.g. belittling remarks, threats  of violence, verbal abuse
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etc.
•  Indirect and task-related – e.g. withholding or concealing information, not giving
enough training or resources to be able to complete tasks, constant criticism of
work etc.
(Please refer to the WorkSafe NZ ‘Preventing and Responding to Workplace Bullying
Guidelines’ for further information and examples)

What is not bullying?
There are a number of situations that, although they may feel unpleasant, are not
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examples of bullying. These can include, but are not limited to:
•  a single incident of unreasonable behaviour
•  workplace violence
•  workplace conflict
•  rational management action taken in a reasonable way
•  occasional instances of forgetfulness, rudeness or tactlessness
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•  setting high performance standards because of quality or safety
•  constructive feedback and legitimate advice or peer review
•  warning or disciplining employees in line with the workplace’s code of conduct
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While not defined as bullying, a single incident of unreasonable behaviour or workplace
violence may still be a serious breach of expected workplace behaviour standards and as
such requires reporting, investigation and response.

Types of workplace bullies
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•  The chronic bully – conceptualises themselves as being superior and powerful and
are possibly not capable of empathy.
•  The opportunistic bully – generally self-centred, ambitious and prepared to win at
any cost. They will try to control  everything and everyone on their way to
success.
•  The  situational bully  –  may  take advantage of  a workplace situation to  display
bullying behaviours. When the situation no longer gives opportunities for bullying,
they stop.
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Types of workplace bullying
•  Institutional Bullying  –  when an organisation’s norms, culture, or practice allow
behaviour that causes offence or undue stress to others, i.e. without concern for
the consequences or wellbeing.

•  Downward Bullying  (from managers to workers) –  a manager deliberately and
repeatedly targets an employee. In an extreme case, this may reach  the point
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where the employee feels isolated, powerless and worthless.

•  Upward Bullying (from workers to supervisors or managers) – the most common
form of an employee bullying a manager is withdrawal of cooperation or
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communication.

•  Sideways Bullying (between workers) – among employees who work at the same
or similar level. It may include:
o
ongoing unwelcome comments, gestures or conduct
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physical, degrading or threatening behaviour
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abuse of power
o
isolation
o
put-downs

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Preventing Bullying
WorkSafe NZ emphasises its commitment to  the  prevention of workplace bullying,
recognising that it is prevalent in many workplaces, and is a significant workplace
hazard.

Why is bullying WorkSafe NZ’s business?
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Under the HSE Act,  employers have  an obligation  to identify and control hazards that
could harm their staff. This includes hazards from undesirable behaviours.
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Managers can use the bullying cost calculator at the following link to find out the costs of
bullying:
http://www.business.govt.nz/worksafe/tools-resources/bullying-prevention-
tools/calculator
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The following table highlights factors that can open the door for workplace bullying, and
factors that create a more positive environment in which bullies are less likely to emerge
and evolve. In order for managers to prevent workplace bullying, they should be aware
of the following:
Bullying can flourish when:
Bullying is less likely to flourish when:
a code of silence exists and bullying behaviour
it’s discussed openly and information is
isn’t talked about, i.e. no-one dares to question  provided for staff
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the organisation’s norms
undesirable workplace behaviour and practices
unacceptable behaviours are identified and
are seen as ‘normal’
alternative behaviours modelled
people who mention or report bullying are
people can report bullying objectively and feel
isolated and/or experience actual retaliation
safe from isolation and retaliation
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there are no consequences for bullying
there are disciplinary consequences when
behaviour
bullying is confirmed
there is no support for staff
staff feel supported by their peers, managers,
and Human Resources
work pressures and deadlines are not factored
work pressures and deadlines are factored into
into work programmes
work programmes
people feel a continuing need to defend their
people feel they are part of a self-supporting
own performance
and self-correcting team
there are no checks or balances on manager’s
managers ask for, and receive, training and
behaviour, and managers aren’t supported
support
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there is no model for expected management
effective management behaviours are clearly
behaviour
defined
managers fear a false charge of bullying
there are consequences for bad-faith complaints
people are targeted
behaviours are targeted
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there are no formal or informal processes to
informal and formal processes exist and are
deal with concerns or complaints
used to resolve issues
negativity abounds
positivity abounds

Advice for Managers
When receiving a complaint about bullying, take it seriously and be impartial. You might
like to consider advice from your manager or HR. Try an informal response first before
taking more formal approaches.
Employers: Dealing with reports of bullying
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Below are details of the actions managers can take to deal with allegations of workplace bullying.
These principles are based in part on the principles of natural justice.
Treat all matters seriously

Take all complaints and reports seriously. Assess al
reports on their merits and facts.
Act promptly

Deal with complaints and reports quickly, courteously,
fairly, and within established timelines.
Ensure non-victimisation

Ensure that people who raise bullying issues are not
victimised for doing so. Al  people involved should be
protected from victimisation.
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Support all parties

Fol owing a complaint, ensure both parties are told
what support is available (e.g. EAP or peer support
systems).
Act in good faith to both parties during any stage of a
complaint.
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Treat al  people involved with sensitivity, respect and
courtesy.
Ensure those involved know they can have a support
person present at interviews or meetings (e.g. a
health and safety rep, contact person, union delegate,
or friend).
Be neutral

It is critical that the process is impartial.
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The person leading the investigation or resolution
process must not have been directly involved in the
incident and must avoid any personal or professional
bias.
Communicate the process and outcomes

Ensure al  parties are told what to expect during the
process, how long it wil  take, the reasons for any
delays and what wil  happen at the end.
Give them clear reasons for any actions that are
taken or not taken.
Maintain confidentiality

Ensure the process is confidential for al  parties
involved. Details should only be known to those
directly concerned.
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Keep good documentation

Ensure the process is documented, even if it is not a
formal investigation. Keep a record of al  meetings
and interviews, detailing who was present and the
agreed outcomes.

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Responding to reports of bullying
When dealing with complaints or reports of bullying, managers must:
1.  Establish the facts:
-  get clear descriptions of the behaviour and the incident, so they can explain it
-  listen and gather information in an unbiased, empathetic and respectful way
-  understand the issues and what is needed to resolve them
2.  Decide whether the behaviour fits the definition of bullying.
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3.  Decide on an effective course of action, tailoring responses to the seriousness of
the issue.
4.  Work with the parties with the aim to agree to resolve the issues.
5.
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  Stop any potential retaliation.
6.  Re-check prevention measures.

If an employee takes an informal approach to dealing with bullying, it doesn’t absolve
the employer from their duty to deal with the undesirable behaviour.

Deciding how serious the issue is
Your judgement will be needed to interpret the seriousness of the specific situation you
face. Use the tables below to help.
Least serious
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-  When the behaviour first occurs
-  When there is a one-off wrong call or lapse
-  When a line manager observes inappropriate
behaviour

More serious
-  When a problem re-surfaces OFFICIAL
-  When a person wishes to notify the potential for
serious harm

Most serious
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Allegations involving:
-  senior staff or management
-  a long period of time
-  a series of workers reporting problems
-  vulnerable workers or failure of other approaches

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Response Options
There are a number of response options. Where possible, try using low-key and informal
solutions. There are risks and benefits of approaching a bully informally.
The approach of…
has the risk of…
but might work well if…
direct confrontation with
generating defensive
the person is approached at
evidence about an incident or
rationalisation and other
the right time and place,
several incidents
destructive results
accepts the concerns raised,
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and changes their behaviour
‘carefrontation’ – confronting
the receiver not taking the
the person accepts that the
the person in a caring manner
feedback in the spirit it is given  feedback is given in the spirit
and reacting negatively
of caring
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presenting pooled data gained
staff not giving feedback for
the employee or manager sees
anonymously about an
fear of being identified
themselves through the other’s
employee or manager
eyes
the person targeted having a
airing the problem without
the person approached accepts
close colleague talk to the
creating a way to change
the concerns raised and
person
behaviour
changes their behaviour
the person targeted discussing  the alleged bully not receiving
a strategy is developed with
the issue with a designated
insight or changing their
the contact person to address
contact person
behaviour
the issue
telling a parallel story that
the person not making the
the parallel story resonates
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highlights the behaviour of the  connections between the story  with the person and they have
person concerned
and their behaviour
the ability to change their
behaviour

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Formal investigation process
When people make a complaint about workplace bullying, it’s important that they clearly
understand what to expect. The investigation should happen as soon as possible after
the complaint is received, and embrace the natural justice principles to ensure fairness.
This means that factual aspects that will underpin eventual findings are put to the
parties for comment after the re-interview process.

The investigation should be carried out by an independent (external from WorkSafe NZ),
unbiased and experienced investigator. The investigator will need to know the rights of
both the complainant and the alleged bully, and give clear advice about the possible
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outcomes. Employees need to be assured of the impartiality of the investigator.

Employee verbally advises the manager/supervisor
Before lodging a formal complaint, an employee may need to advise their supervisor or
manager that they want to do that. If their manager or supervisor is the alleged bully,
then they should go to the next senior manager or Human Resources staff.
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Whoever receives the verbal notification is responsible for:
•  taking reasonable steps to protect the complainant from reprisals
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•  ensuring confidentiality is maintained
•  ensuring both the complainant and the alleged bully are supported
•  organising an investigation process through Human Resources, if appropriate
•  helping the complainant to submit the written complaint
•  separating those involved in the complaint during the investigation

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The employee or manager lodges the complaint
The complainant should format their complaint to include:
•  a summary of the behaviour (specific allegations, dates, times, type of
interaction, and names of any witnesses)
•  the relationship of the person to them
•  why the behaviour is unreasonable
•  why the behaviour is repeated
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•  how it endangers their health
•  how it makes them feel
•  how it affects their work
•  low-key solutions they have considered
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The template in the ‘Recording Bullying Behaviour’ section of this procedure should be
used to record all key information.
The written complaint should initiate an independent investigation process. If mediation
is recommended, both parties need to agree to attend.

The organisation responds
Once a formal complaint is made, an investigation will be initiated by the GM responsible
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for that team, HR and Legal. Separate meetings for each party will be arranged with an
appropriate senior manager or Human Resources staff member. This will be done as
soon as possible to explain the investigation process and their rights and responsibilities.
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They will explain:
•  the expected timetable for investigating and resolving the complaint
•  how the complaint will be investigated (e.g. interviews with the complainant,
alleged bully/s, and any witnesses, viewing documentary evidence, etc.)
•  who will receive copies of statements and records of the interview
•  whether parties can refuse to participate
•  what support will be available for each party, including the right to have a
support person present
•  what interim measure will be taken to ensure the safety and welfare of both
parties during the investigation
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Advice for Employees
Gather information
If you believe you are being bullied, document each instance and include:
•  a summary of the behaviour (specific allegations, dates, times, type of
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interaction, and names of any witnesses)
•  the relationship of the person to you
•  why the behaviour is unreasonable
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•  why the behaviour is repeated
•  how it endangers your health
•  how it makes you feel
•  how it affects your work
•  low-key solutions you have considered

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A detailed record in this format may:
•  be valuable legal evidence
•  reveal behaviour patterns
•  clarify the issues and their effect on your work
•  help you decide what to do

Look after yourself
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You can approach an EAP counsellor directly for independent,  confidential counselling
where they can impartially validate your situation.

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Don’t ignore your stress levels. If you are experiencing anxiety, depression, or suicidal
thoughts see your doctor immediately.

Low-key solutions and informal resolution:
•  Talk to someone you trust –  talking to a friend, relative, colleague, health and
safety representative or union delegate can give you an objective viewpoint about
whether you’re actually being bullied, or just experiencing annoying behaviour. If
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colleagues have experienced the same behaviour, you can take joint action.
•  Talk to your manager -  if you believe you are being bullied  then  tell your
manager (unless they are the bully).
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If you feel comfortable, talk to the person targeting you -
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Focus on specific incidents.
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Keep language neutral.
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Try to see their viewpoint without excusing the behaviour.
o
Be mindful of possible reprisals.
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Keep a record of the date, time, location, and details of the conversation.
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Put  your health and safety first, no matter how you decide to deal with the
undesirable behaviour.
•  If you do not feel comfortable talking to the person targeting you, you can choose
to have a trusted colleague put the matters to the alleged bully or seek guidance
from HR.
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•  Seek to solve the issue through an informal dispute resolution process that is
acceptable to both parties e.g. mediation.

Formal Resolution:
If you decide to escalate your concerns (make a formal complaint), you can talk to:
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your manager
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Human Resources
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a union representative
o
a health and safety representative
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o
an EAP counsellor
o
the Citizens Advice Bureau
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your lawyer.

You can decide to escalate your concerns at any point during the process, i.e. during the
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informal stage. If you are unsure whether the behaviour is bullying, use the ‘Am I being
bullied?’ flowchart at:
www.business.govt.nz/worksafe/tools-resources/bullying-prevention-
tools/questionnaire/questionnaire

What to do when someone accuses you of being a bully
It can come as a shock if someone says you have been bullying them; however,  it is
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important to be open to feedback and prepared to change your behaviour if necessary.
•  Check if the behaviour/s you have been accused of meet the definition of
bullying.
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•  Take time to reflect on what you have been told and think about how you wish to
respond.
•  Seek support from someone you trust.
•  Speak to the person who you may have offended if you think it is reasonable and
safe to do so. They may also approach you directly for an informal resolution.
•  Speak to a counsellor or doctor – look after yourself!

Recording Bullying Behaviour
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As workplace bullying presents a risk to employee health and safety, it is important to
keep a detailed record of the situation. Use the template below to record any bullying
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incidents. Keep hold of these records as they will be a valuable source of evidence.
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Document Outline

Workplace Bullying Prevention and Response Procedure