Guidelines for Conduct in the Workplace

People work best in a setting marked by mutual respect, personal dignity and support which utilises one's skills and abilities, and encourages further learning. Students and all members of staff, therefore, may reasonably expect to pursue their work and studies in a safe and civil environment, free from discrimination, harassment, sexual harassment, threatening or violent conduct, or offences against property.

This statement puts forward some guidelines for all members of the University community to follow when they believe the professional integrity of their work or study environment has been compromised by one or more persons engaging in intimidating and/or inappropriate behaviour, often known as workplace bullying. It identifies processes for staff, students and heads of school to follow in attempting to resolve such difficulties.

The guidelines DO NOT apply to unsatisfactory performance or misconduct on the part of staff. There are provisions under various Agreements to cater for these circumstances. Additionally, procedures commenced under these guidelines cannot be converted to disciplinary action for unsatisfactory performance or misconduct. However, neither shall anything in this policy prevent the employer from taking disciplinary action for unsatisfactory performance or misconduct should the need arise.

Where there is student misconduct, reference should be made to existing processes under Statute 17 of the Regulations covering discipline and misconduct.

Conflict between staff members or between staff and students may occasionally be manifested in behaviour best described as intimidating or inappropriate. It often arises from real or perceived power differentials between two people in terms of the formal or informal hierarchy and culture of the University; indeed, often a formal supervisory relationship. While bullying* may best describe most intimidating or inappropriate behaviour these guidelines are also intended to reinforce the general principle of respecting colleagues.

* A formal definition of bullying used by the Queensland Department of Occupational Health and Safety is "the repeated less favourable treatment of a person by another or others in the workplace, which may be considered unreasonable and inappropriate workplace practice".

Examples include difficulties between academic and general staff, between senior academics and junior academics, between male and female staff or between staff and students.

The following list of behaviours, while incomplete, could be considered as intimidating and inappropriate. They have been categorised in five groups.

Threat to professional status

• Persistent attempt to belittle and undermine work
• Persistent criticism and lack of respect for judgments, skills or opinions of a person
• Persistent attempts to humiliate in front of colleagues (put downs and name calling)
• Intimidatory use of discipline or competence procedures (Note that this does not preclude supervisors using performance management processes in a legitimate way)

Threat to personal standing

• Undermining personal integrity
• Destructive innuendo and sarcasm (including rumours and gossip)
• Verbal and non-verbal threats (eg threat of dismissal (although an employer may legitimately use disciplinary action); threat of complaints when people stand up for themselves; use of private information inappropriately)
• Inappropriate or overly forceful language (including jokes, sarcasm insults and crude language)
• Initimidatory behaviour (shouting, invasion of personal space such as entering someone's office without knocking, physically standing over another person, rifling through personal files and drawers; reading information on someone's desk without permission; blocking someone's exit, banging a desk.)
• Physical violence
• Violence to property

Isolation

• Withholding necessary information or passive non-cooperation
• Freezing out, ignoring, excluding or cutting off in conversation
• Denied opportunities for interesting work
• Unreasonable refusal of applications for leave, training or promotion

Overwork

• Undue pressure to produce work
• Setting of impossible deadlines

Destabilisation

• Shifting of goal posts without consultation
• Constant undervaluing of efforts
• Persistent efforts to demoralise
• Removal of areas of responsibility without consultation

Organisational impacts of inappropriate behaviours include decreased morale, increased negativism and cynicism, irritability and increased staff turnover. The individual effects of bullying are both psychological (increased stress levels, insecurity and loss of trust) and physical (tiredness, headaches and lost work time from illness). These impacts are not confined to the target of the behaviour but can also affect others in the workplace. Together they can reduce organisational productivity. Indeed, the combination of increased turnover, the need for sometimes complex grievance resolution processes, access to Employee Assistance support and, occasionally, litigation, can escalate the dollar costs of bullying behaviour. It is therefore preferable to minimise the likelihood of inappropriate behaviours. Accountability for this falls to staff with management responsibilities.

School heads and supervisors have management responsibility for the smooth functioning of the work of the school or work area. In most circumstances this responsibility can be effectively undertaken through successful delegation and regular reporting. Minimising the possibility of bullying behaviour is best done through a staff discussion in each workplace about what staff jointly believe to be reasonable expectations and standards for individaul behaviour. Developing a set of protocols in this way can bring attention to the problem, create a shared understanding of what is acceptable and what is not, and empower individuals to speak out when those protocols have been breached. For a suggestion on what might constitute a useful set of protocols see Appendix 1.

Heads of School and supervisors are encouraged to include consideration of appropriate behaviour as part of their accountability framework for staff. Staff who are perceived to have difficulties in this area should be encouraged to participate in development programmes through the Centre for Staff Development or other providers.

Occasionally, however, despite such precautionary efforts, conflict may arise between two staff members or between a staff member and a student. Heads and supervisors must accept that complaints of this nature can be serious and should be dealt with carefully.

It is the responsibility of the Head or supervisor to ensure that such conflicts are resolved to the satisfaction of all parties, such that the effective functioning of the school is restored. It is important to note that while of the Head of School has the ultimate responsibility, generally disputes are best sorted out at the lowest and most informal level where possible. A suggested process for managing these problems is outlined in Section 43.6.

Each staff member is responsible for carrying out the duties identified in his/her conditions of employment. Students are required to fulfill the requirements of the courses in which they are enrolled. When the behaviour of another member of the University community is such that the staff member's or student’s work/study effectiveness and sense of personal well-being has been eroded, it is that individual's responsibility to identify these behaviours. This can be done in the form of personal notes which specify the occasions on which the behaviour occurred and how it has impacted on his/her work or study environment.

In general, it is appropriate that the individual who is affected by the behaviour of another person approach the other party directly to seek resolution, if possible. Where the problem has arisen from a genuine misunderstanding this is usually the most effective approach. Prior to doing so the staff member or student may wish to contact an equity advisor who can act as a reference point and give guidance.

If speaking directly to the other party proves difficult or inappropriate, and the staff member or student wishes to raise the concern with management, he/she should meet with his/her supervisor, (or the supervisor's supervisor as necessary) to lay out the facts as he/she sees them. In some instances this will be the Head of School. This would generally be the case for students. In the case of general staff, supervisors are nominated on the duty statement of the position occupied. Any staff member who is unsure of their supervisor can contact Human Resources for clarification. In this meeting a complainant is entitled to be accompanied by a neutral third person to provide support (eg. a colleague or co-worker who has agreed to keep confidentiality) if he or she wishes.

Generally, it is inappropriate to discuss the issue with others in the work environment. This is unlikely to be effective and, indeed, such discussion may be construed as gossip and result in divisive consequences in a school. Only staff in supervisory positions have the authority to institute the appropriate resolution processes required. To obtain personal support in what can often be a difficult time staff are encouraged to access the University's Employee Assistance Programme (EAP) either through Davidson and Trahaire or to the University Counselling Service. Both providers have counsellors who are experienced professionals with specialist expertise.

The staff member or student wishing to raise the concern meets with the Head of School or supervisor (or Dean if the complaint is about the Head) to discuss it. The Head or supervisor informs the complainant that he/she will meet with the other party to discuss the substance of the concern. Listening to both sides of a complaint is an essential element of natural justice.

The Head of School or supervisor then speaks with the person alleged to be causing the difficulty. If he/she acknowledges his/her behaviour and the distress it has caused, and undertakes that this behaviour shall not occur again, such promises should be recorded in a brief note to be held confidentially in the appropriate school file, with copies to both parties. The Head is then responsible for monitoring the situation to ensure there is no recurrence of the behaviour. If the behaviour does recur then formal disciplinary procedures are advised.

If, during the course of discussion, it appears that the person alleged to be causing the difficulty is not at fault, or if he or she indicates that the complainant is equally at fault, a skilled Head of School or supervisor might well be able to assist in resolving the issue at this stage through mediation. The Centre for Staff Development occasionally offers short workshops in mediation and conflict resolution to help develop the required skills. Managers and supervisors who need advice on dealing with difficult people issues are also encouraged to use the Manager Assist facility provided through the Employee Assistance Programme.

It is important that the Head of School's or supervisor’s action results in a clearly understood outcome which is accepted by all those involved.

Failing resolution at the local level, there are two possible outcomes:

• resolution by mediation conducted by a University mediator or
• resolution through an industrial process (in the case of staff) or existing discipline procedures under Regulation 17 (in the case of students). Such processes should be invoked where it is clear that one party has been intimidating the other, as this may constitute unsatisfactory job-related performance or possibily misconduct.

If, during the course of his/her discussions with the staff member or student raising the complaint and the other party, the Head or supervisor forms the view that it cannot be resolved by the two parties independently or through mediation at the local level, then mediation through an external and independent person may be helpful. Mediation is most useful when there may be a personality clash or misunderstanding. The role of a mediator is not that of an arbitrator; his/her purpose is to assist the parties to arrive at an agreement that is satisfactory to both. For this reason mediation needs the full cooperation and agreement of both parties.

The Head of School or supervisor is invited to contact either the Manager, Employee Relations and Management Services (ph 3031) or the Manager, Equity & Diversity (ph 3791) for a list of mediators. Because it is important that the mediator is acceptable to both parties, the Head or supervisor should provide a copy of the list of mediators to each party and ask them to identify any seen to be unacceptable. The Head or supervisor can then make contact with a mediator acceptable to both parties. The mediator will meet with both parties to assist them to reconcile their differences and prepare a list of agreed commitments about future behaviour.

A full statement of agreed actions will be prepared by the mediator and copies given to both parties. The agreement will be confidential to both parties and the mediator.

The Head of School or supervisor will be sent a brief statement indicating whether or not the mediation was successful. The statement will be filed confidentially in accordance with school policy. Such records are helpful in providing some continuity when there is a regular turnover of the headship in a school.

The Head of School or supervisor should arrange follow-up discussion with both parties to confirm their satisfaction with the result. The Head of School or supervisor is then responsible for monitoring the situation to ensure there is no recurrence of the behaviour.

If, during the course of his/her discussions with the two parties, the Head forms the view that the nature of the concern is such that the problem cannot be resolved through mediation or is inappropriate for mediation (eg physical intimidation), then The University of Western Australia Academic Staff Agreement 2009 Schedule C and Schedule D provides an account of the relevant procedures to follow in relation to academic staff . In the case of general staff, procedures are outlined Procedures for Managing Unsatisfactory Performance and Misconduct: All Staff Other Than Academics.

For further advice please contact the Manager Employee Relations and Management Services (ext 3031).

In the case of students recourse should be made to Statute 17 of the Regulations. For further advice please contact the Registrar (3001).

There are a variety of programmes offered through the Centre for Staff Development to assist heads of school and supervisors in carrying out their management roles including conflict resolution. Individuals are also encouraged to contact the Centre if they wish to improve their skills in working effectively with others including assertiveness strategies. For further information please contact the Staff Development Centre on 1504.

Appendix 1 (taken from B A Thomas-Peter. Personal Standards in Professional Relationships: Limiting Interpersonal Harassment, Journal of Community & Applied Social Psychology, Vol 7, 233-239 (1997).

• I will not confront my colleagues with information that challenges their actions or participation in projects where they have made significant investments until such time as that issue has been addressed in private with them.
• I will treat my colleagues with the degree of sensitivity, courtesy and respect due from one human being to another, even in the difficult circumstances of disagreement, being criticised or offering criticism and telling or being told bad news.
• I will help my colleagues to recover from error, to change their minds and to acknowledge their limitations without seriously undermining their relationships with individuals and the organisation.
• I will advise my colleagues of dangers and pitfalls that I am aware of and will not allow them to make errors that I can prevent.
• I will not undermine the actions and purpose of my colleagues by instituting policies or practices, alone or with others, without consulting with them, declaring my agenda and disclosing my methods for wider consideration.
• I will encourage my colleagues to question my opinions and decisions without risk to them. In addition I will not obstruct the expression of an opinion or belief merely because it is inconvenient or because I disagree with it.