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Home / Business / Economy / Employment

Reasonable cause for complaints

By Raewyn Court
NZ Herald·
19 Jul, 2017 02:12 AM5 mins to read

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With more organisations putting in place procedures to deal with bullying and harassment it is easier for people to report.

With more organisations putting in place procedures to deal with bullying and harassment it is easier for people to report.

When an employee finally gathers the courage to report being bullied or harassed, being told "Don't be silly - he's a good guy!" or "Just try to get along with her" only serves to compound the misery. Bullying has been identified as a psychosocial health risk, and it is therefore important that it is taken seriously and managed effectively.

The good news is that employees reporting abusive behaviour are starting to be taken more seriously. Results from the most recent New Zealand Diversity Survey revealed a sharp increase in the percentage of respondents (from 26 to 36 per cent in the nine months to May) identifying bullying and harassment as a significant issue. This jump is likely due to changes in attitudes to bullying, and better reporting procedures creating awareness that it's a serious issue, says Bev Cassidy-McKenzie, CEO of Diversity Works NZ.

"With more organisations putting in place procedures to deal with bullying and harassment it is easier for people to report. It's not just that it's a legal requirement, but people are coming forward now. In the past, sufferers ignored the bullying or waited for it to pass - now they know they want a safe environment to work in."

An employee may be afraid to report the abuse they're experiencing, in case it's not really considered bullying. Dr Bevan Catley, an associate professor at Massey University, says WorkSafe NZ defines workplace bullying as "repeated and unreasonable behaviour directed towards a worker or a group of workers that can lead to physical or psychological harm". He says a good way to "test" whether you're being bullied is to ask yourself whether the behaviour is repeated, unreasonable, unwanted or targeted. If you can answer yes to all these, you are likely facing workplace bullying, but Catley says even if the behaviour doesn't meet the threshold it doesn't mean you shouldn't take appropriate action.

Some behaviours, however, are often misunderstood as bullying. Catley says that typically, these relate to one-off behaviours such as occasional lapses in judgement or occasional instances of rudeness or forgetfulness, or behaviours related to performance management. What is reasonable and unreasonable is a subjective assessment, but WorkSafe's Good Practice Guidelines provide a "reasonable person" test to help.

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Catley says there is no definitive list of bullying behaviours; bullies can be creative in finding ways to target a chosen individual. However, some examples of personal attacks are:

*Belittling remarks

*Ignoring, excluding, isolating

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*Ridiculing, criticism, teasing, sarcasm, humiliation

*Insulting comments about private life

*Threats of violence and physical attacks

*Intimidation

Task-related attacks can be classified as bullying too, such as constant criticism of work, demotion, denying leave, and setting unachievable tasks, impossible deadlines and unmanageable workloads. More examples can be found in WorkSafe's guidelines.

Harassment is a similar concept to bullying in that they are both unwanted and detrimental, but there are important differences, says Catley.

"Harassment is more likely to be a one-off, but it can be repeated. It targets a personal attribute of the individual and is often overt, with the person realising they have been harassed often immediately."

Harassment can be sexual, racial or online, and is illegal, with redress available under various statutes depending on the form and circumstance.

Being bullied or harassed at work has been linked to a range of adverse physical and psychological effects.

Catley says compared to non-bullied individuals, being a target of bullying is associated with lower levels of self-esteem, more negative emotions, anxiety, stress, fatigue, burnout and depression.

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"In extreme cases, individuals report PTSD-like systems and suicide ideation."

He says non-bullied people who observe their colleagues being bullied are likely to report many of the same negative outcomes - so workplace bullying can impact on the wellbeing of the entire work group.

So, what should you do if you're a victim of unreasonable and unwanted behaviour on a repeated and persistent basis?

Catley suggests that if you feel safe and confident to do so, address the unreasonable behaviour as soon as you become aware of it by talking directly to the person - there may be a misunderstanding. Alternatively, ask your supervisor or HR rep to have a "quiet chat" with the person to remind them of the organisation's behavioural policies and values.

A justifiable complaint of bullying or harassment cannot be brushed off as "cattiness" or "boys being boys". If an employee alleges inappropriate behaviour such as bullying the employer is obliged to act, says Catley Failing to act may provide grounds for a personal grievance.

If a manager should receive a complaint from a staff member about being bullied or harassed, Catley says they must take it seriously.

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"Take a neutral attitude towards the complaint - do not prejudge the complaint or the parties. Follow your organisation's processes for resolving complaints about workplace behaviour. Failing to follow one or more of these things typically leads to the complainant feeling a sense of injustice." More advice can be found in Chapter 5 of WorkSafe's guidelines.

Dealing with a bully

*Talk to someone familiar with your work setting whose judgement you trust. This allows you to check your perception about what you are experiencing (is this unreasonable?) and if the behaviours are likely being targeted at you (is it me, or do they act like this with everyone?).

*Find out your organisation's policy on workplace behaviours and follow the process.

*Seek support from a contact person or an EAP counsellor.

*Use informal solutions where possible before escalating your complaint to a formal one. WorkSafe gives a range of examples of informal solutions which are designed to try and repair the relationship rather than be disciplinary.

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