||Bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, that a reasonable person would regard as undermining the individual's right to dignity through victimising, harming, humiliating, intimidating or threatening a person or persons which therefore creates a risk to health and safety.
Examples of behaviour that may be considered to be workplace bullying if they are repeated, unreasonable and create a risk to health and safety include but are not limited to:
- abusive, insulting or offensive language or comments;
- unjustified criticism or complaints;
- deliberately excluding someone from workplace activities;
- withholding information that is vital for effective work performance;
- setting unreasonable timelines or constantly changing deadlines;
- setting tasks that are unreasonably below or beyond a person's skill level;
- denying access to information, supervision, consultation or resources to the detriment of the worker;
- spreading misinformation or malicious rumours;
- changing work arrangements such as rosters and leave to deliberately inconvenience a particular worker or workers.
|Civil Standard of Proof
||In civil proceedings, the standard of proof is held when the contested facts are proved on the balance of probabilities. By this standard, a fact is proved to be true if its existence is more probable than not.
||A grievance by a person(s) about inappropriate conduct by another person(s), including discrimination, harassment or bullying.
On occasion more than one employee is aggrieved by the same or related actions that may constitute workplace bullying. If those employees choose to act as a group on this matter, such a group complaint is an acceptable form of complaint and will be dealt with as a group complaint.
||The party who makes a complaint
||Discrimination is when a person is treated less favourably than another person because of certain attributes (direct discrimination) such as some cultural and biological features such as sex, sexuality, transsexuality, relationship status, status as a parent or carer, pregnancy, breastfeeding, race, religious or political conviction, disability, membership or non-membership of an association or organisation of employers or employees, age, profession, trade, occupation or calling, or association with a person who has an attribute listed here.
Discrimination also may occur when a requirement that is the same for everyone has an unfair effect on some people because of a certain attribute (indirect discrimination).
||Workplace harassment includes offensive, belittling or threatening behaviour toward an individual or group of employees.
|Inappropriate work behavior
||Includes discrimination, harassment, sexual harassment, bullying, vilification and victimisation.
||Bullying behaviour where the perpetrator is a group of people rather than an individual.
||Procedural fairness is concerned with the procedures used by a decision-maker and/or investigator, rather than the actual outcome reached. It requires a fair and proper procedure be used when making a decision or investigating a complaint.
Procedural fairness ensures that all parties are provided an opportunity to respond to any complaint and/or evidence considered; that the investigator must be unbiased; and any findings reached are supported by the evidence.
|Reasonable management action
||Examples of reasonable management action includes but is not limited to:
- setting reasonable performance goals, standards and deadlines;
- rostering and allocating working hours where the requirements are reasonable;
- transferring a worker for operational reasons;
- deciding not to select a worker for promotion where a reasonable process is followed;
- informing a worker about unsatisfactory work performance in an honest, fair and constructive way;
- informing a worker about inappropriate behaviour in an objective and confidential way;
- differences of opinion or other disagreements;
- implementing organisational changes or restructuring;
- taking disciplinary action, including suspension or terminating employment, where grounds exist to do so.
||The party against whom the complaint is made.
||Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of behaviours over time.
||Unreasonable behaviour means behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.
||Victimisation occurs when a person does or threatens to do something that will be detrimental to another person because they have lodged a complaint, are considering lodging a complaint or they are or will be involved in the complaint resolution process. Victimisation usually involves retaliation or retribution
||Vilification is behaviour that happens in the workplace that incites others to hate, to have serious contempt for or to severely ridicule individuals or groups because of their race, sexuality, transsexuality, HIV/AIDS status, or other personal characteristic.
||A person is a worker if they carry out work in any capacity at the University of Canberra, including; an employee; contractor or subcontractor; an employee of a contractor, subcontractor or labour hire company; a student gaining work experience; or a volunteer.