3. Responding to Workplace Bullying - How to, Principles, Balancing, Actions

3. Responding to Workplace Bullying

Workplace bullying may be identified and reported by those subject to the behaviour or by witnesses. A person can raise or report workplace bullying verbally or in writing by:

• informing a supervisor, manager or business owner

• informing their health and safety representative or union representative and asking them to make a report on your behalf, or

• using other established reporting procedures.

A manager or supervisor may also identify a risk of workplace bullying through changes in the workplace, for example increased absences, changes in workers’ performance or low staff morale.

For ease of reading, references to ‘reports of workplace bullying’ in this Chapter are intended to encompass all of the ways in which bullying might be identified, raised or reported including verbally and in writing.

3.1. How to respond to a report of workplace bullying

Workplace bullying is best managed by responding as soon as possible after suspecting or becoming aware there is a problem. Responses to reports of workplace bullying will vary depending on the situation, the number of parties involved and the size and structure of the workplace.

In the first instance, attempts should be made to resolve the situation within the workplace, regardless of whether or not workplace bullying has occurred. Where internal processes are not effective, complainants may refer the complaint to external agencies. A flowchart to assist in applying the information in this Guide is provided at Appendix B.

Consider the following when responding to workplace bullying:

• Is the behaviour bullying or not?
  The type of behaviour occurring may need to be determined to develop an appropriate response. For example, if the behaviour involves physical violence or what appears to be unlawful discrimination or sexual harassment, whether it is repeated or not, it will require a different response to workplace bullying.

• Does the situation warrant measures to minimise the risk of ongoing harm?
  If necessary interim measures should be taken to minimise the risk to health or safety. This may involve temporarily reassigning tasks, separating the parties involved or granting leave.

• Do I have a clear understanding of the issues?
  Seek additional information to ensure a clear understanding of the parties involved and the specific behaviour or behaviours thought to be unreasonable. This may be achieved by speaking to others who may have observed or participated in the behaviour.

• Do I need additional information or assistance?
  People with specialist roles in the organisation or external specialists may be able to provide information, help identify the issues and develop potential responses to address the for objectivity and affords all parties due process.

• Can the matter be safely resolved between the parties or at a team level?
  In some situations it may be possible to use a no-blame conciliatory approach to help individuals reach an outcome that will ensure the unreasonable behaviour ceases. A proposed resolution should be discussed with the person who reported the behaviour to check they are comfortable with it. 

• Should the matter be progressed to an investigation?
  Depending on the severity or complexity, some matters may need to be investigated. Chapter 4 provides further guidance on the investigation process.

A person may choose to resolve issues by self-managing the situation. This usually involves telling the other person the unreasonable behaviour is not welcome and asking for it to stop. If an individual does not feel safe or confident with approaching the other person they can seek the assistance of a supervisor or manager, human resources officer, their health and safety representative or union representative.

Anyone asked to act on behalf of an individual should use a confidential and non-confrontational approach.

In most circumstances, the person who is alleged to have perpetrated the bullying behaviour must be notified as soon as possible of the report and be given a chance to explain his or her version of events. They should be treated as innocent until the reports are proven to be true.

Providing training to workers about appropriate standards, expected behaviours and workplace bullying may help workers understand how to deal with issues such as conflict, confidentiality and related issues.

The role of supervisors and line managers

Supervisors and line managers should intervene when they observe unreasonable behaviour in their work teams or if they are requested to intervene by a member of their team. If a supervisor or manager approaches an individual directly about their behaviour they should record the actions taken. Supervisors should know how and when it is appropriate to seek advice or to escalate an issue.

The role of health and safety representatives

Health and safety representatives can raise issues on behalf of workers in their work group. They can also give advice to workers in their work group on how to approach an issue. The health and safety representative is not responsible for trying to resolve the matter.

3.2. Principles when responding to reports of workplace bullying

Effectively responding to issues when they are raised can stop the situation happening again and reinforce to workers that workplace bullying is treated seriously and consistently by the organisation. The following table sets out the principles that should be applied when handling reports of workplace bullying.

Table 2 - Responding to workplace bullying

[Response]  Act promptly

• [Measure] Reports should be responded to quickly, reasonably and within established timelines. Relevant parties should be advised of how long it will likely take to respond to the report and should be kept informed of the progress to provide reassurance the report has not been forgotten or ignored.

[Response] Treat all matters seriously

• [Measure]  All reports should be taken seriously and assessed on their merits and facts.

[Response] Maintain confidentiality

• [Measure] The confidentiality of all parties involved should be maintained. Details of the matter should only be known by those directly concerned in the complaint or in resolving it.

[Response] Ensure procedural fairness

• [Measure] The person who is alleged to have perpetrated the bullying behaviour should be treated as innocent unless the reports are proven to be true. Reports must be put to the person they are made against and that person must be given a chance to explain his or her version of events. 
  The person reporting the bullying should be respectfully listened to and their report treated as credible and reliable unless conclusively proven otherwise.
  The opportunity to have decisions reviewed should be explained to all parties.

[Response] Be neutral

• [Measure] Impartiality towards everyone involved is critical. This includes the way people are treated throughout the process. The person responding to the report should not have been directly involved and they should also avoid personal or professional bias.

[Response] Support all parties

• [Measure] Once a report has been made, the parties involved should be told what support is available, for example employee assistance programs, and allowed a support person to be present at interviews or meetings e.g. health and safety representative, union representative or work colleague.

[Response] Do not victimise

• [Measure] It is important to ensure anyone who reports workplace bullying is not victimised for doing so. The person accused of workplace bullying and witnesses should also be protected from victimisation.

[Response] Communicate process and outcomes

• [Measure] All parties should be informed of the process, how long it will take and what they can expect will happen during and at the end of the process. Should the process be delayed for any reason, all parties should be made aware of the delay and advised when the process is expected to resume. Finally, reasons for actions that have been taken and in some circumstances not taken should be explained to the parties.

[Response] Keep records

• [Measure]  The following should be recorded:
  • the person who made the report
  • when the report was made
  • who the report was made to
  • the details of the issue reported
  • action taken to respond to the issue, and
  • any further action required – what, when and by whom.

• Records should also be made of conversations, meetings and interviews detailing who was present and the agreed outcomes.

3.3. Balancing confidentiality and transparency

Both confidentiality and transparency are essential to maintain the integrity of the policies and procedures used to manage workplace bullying.

Confidentiality

Failure to maintain confidentiality can lead to workers mistrusting the reporting process. Confidentiality should be considered in what information, how and to who it is communicated. To limit breaches of confidentiality, measures include:

• discussing sensitive or private information with third parties only if they need to know and with the permission of those involved

• secure storage, coding and access to files and documentation on the workplace bullying report

• conducting discussions in a private location, and

• choosing appropriate times or locations for printing, copying or disposing of materials.

• It is important the parties involved in the complaint are instructed:

• to maintain confidentiality of the materials presented, discussed or submitted, and

• on how to maintain confidentiality, for example who they can and cannot speak to about the matter.

Ensuring confidentiality should not prevent the parties involved from seeking support, such as through an employee assistance program, or bringing along a support person to interviews or meetings.

Transparency for the parties involved

Transparency of the report handling process promotes accountability. It allows the parties involved to be fully informed about how the report is going to be handled. The parties should be made aware of:

• the steps and estimated timeframes for resolving or investigating the workplace bullying report

• the name and details of a contact person

• progress reports and an explanation for delays

• the outcome of actions taken and the reasons for decisions made, and

• the right of review if the parties are not satisfied with the outcome.

Transparency for the organisation

An organisation can show it is committed to managing the risk of workplace bulling by highlighting activities that have been or will be undertaken to resolve workplace bullying. Generic information on workplace bullying reports and how these were handled can be provided to workers or to external parties, for example through public reports.

Information that could be considered for disclosure may include:

• the number of reports received and the number of reports resolved

• time taken to complete investigations

• whether investigations were conducted internally or externally, and

• the general nature of the outcomes.

This helps to generate confidence that the organisation is serious about preventing bullying.

3.4. Actions after reports of workplace bullying are resolved

After a report of workplace bullying is resolved there should be a follow-up review to check the health and safety of the parties involved, to offer support and to find out whether actions taken to stop the workplace bullying have been effective. These may include:

• offering professional counselling

• providing mentoring and support from a senior manager

• providing training and relevant professional or skills development

• redressing inequality resulting from the bullying behaviour

• re-instating lost entitlements resulting from the bullying behaviour
  e.g. re-crediting leave

• monitoring behaviours of the affected work group, or

• organising work in another area of the organisation.

Reviewing the systems of work

After addressing a specific case of workplace bullying, the work situation should also be examined to identify and address any underlying factors that may increase the risk of workplace bullying occurring. For example review the systems of work including workloads and staffing levels and the effectiveness of procedures and training.

Keeping records on reports of workplace bullying and actions taken as recommended in section 3.2 can be useful in analysing trends to help prevent bullying from recurring in the future. Records must remain confidential.

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3. Responding to Workplace Bullying

Guide for Preventing and Responding to Workplace Bullying, May 2016

© Commonwealth of Austr​alia 2020

This Guide provides information for persons conducting a business or undertaking on how to manage the risks of workplace bullying as part of meeting their duties under the work health and safety laws.

Workplace bullying is a risk to health and safety. It can occur wherever people work together in all types of workplaces. It is best dealt with by taking steps to prevent it from occurring and responding quickly if it does occur. The longer the bullying behaviour continues, the more difficult it is to address and the harder it becomes to repair working relationships.

from Safe Work Australia

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