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Dignity and respect in the workplace

The working conditions of teachers and the learning conditions of students are enhanced in school communities where respectful relationships have been forged between staff, students and parents. Teachers and students have the right to safe and healthy working and learning environments that protect them from injury and illness and are adapted to their physiological and psychological needs. The learning conditions of students are enriched when teacher professionalism is celebrated and encouraged and where the integrity and dignity of individuals is preserved.

Dignity and Respect in the Workplace Charter developed by Unions NSW and the Premier's Department states: "Everyone in the workplace, irrespective of their position, deserves to be treated with dignity and respect. No one should suffer bullying or harassment while going about their work. This can put at risk the health, safety and wellbeing of all employees."

Workplace bullying can affect the health of teachers in many ways and is illegal in NSW under the Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001.

In addition to other requirements of the Act, employers are required:

  • to protect people at a place of work against risks to health or safety arising out of the activities of persons at work
  • to promote a safe and healthy work environment for people at work that protects them from injury and illness and that is adapted to their physiological and psychological needs
  • to ensure that risks to health and safety at a place of work are identified, assessed and eliminated or controlled.

What is workplace bullying?

"Workplace bullying is repeated inappropriate behaviour conducted by one or more persons against another or others at the place of work which could reasonably be regarded as undermining the individual's right to dignity at work. Often the perpetrator has a supervisory role, although sometimes both the perpetrator and the victim have the same status. In schools and TAFE colleges, it can also include bullying by students and parents.

"It can be direct and/or indirect, verbal and/or physical.

"It is important to note that an isolated incident which fits the description above would not normally be considered to be bullying. In any workplace there are likely to be the occasional differences of opinion, conflicts and problems which are a normal part of working life. It is when the behaviour in question becomes part of an established pattern that the issue of workplace bullying arises. Such a pattern might be established through an individual repeatedly directing inappropriate behaviour at another particular individual, or it might be established through an individual directing the same type of inappropriate behaviour at a number of individuals at the workplace." (NSW Teachers Federation Occupational Health and Safety Kit for Teachers Facts Sheets page 61)

Over the last number of years surveys and studies have been conducted to investigate workplace bullying. The results of one survey were presented at England's National Union of Teachers' Annual Conference by former President John Illingworth. It was reported that a sizable minority of teachers identified workplace bullying as a major stress factor.

It is ironic that over the last 10 years most schools have been praised for their anti-bullying policies involving students but at the same time there has been little thought given to bullying occurring against adults. It would be appropriate to develop explicit and systematic practices to enhance respectful relationships in schools to counter bullying involving adults.

Sometimes this bullying is systemic and involves the use of threats using departmental documents and procedures (for example Principals Assessment Review Schedule, Teacher Assessment Review Schedule, Code of Conduct and the inappropriate monitoring of sick leave). Other forms of bullying are based on areas of discrimination such as age, religion, political opinion, sexuality, cultural origin, and trade union activity. While these forms are covered by the Anti-Discrimination Act, they still occur and affect the wellbeing of our members. Anecdotal and written evidence attests to there being many breaches of the Act.

Workplace bullying also often increases in workplaces where there are excessive work demands, lack of control over work and an absence of transparency in decision-making.

Definition

As described in the Unions NSW Dignity and Respect in the Workplace Charter

"Bullying will generally meet the following four criteria:

"1. it is repeated
"2. it is unwelcome and unsolicited
"3. the recipient/s considers the behaviour to be offensive, intimidating, humiliating or threatening
"4. based on the available information, the behaviour would be considered offensive, intimidating, humiliating or threatening to the individual it is directed at, or, for that matter, others who are witness to or affected by it.

"Bullying behaviour may be directed upwards or downwards and towards co-workers. There is no finite list of bullying behaviours, however, the following types of behaviour, where repeated or occurring as part of a pattern of behaviour, could be considered bullying:

  • being subjected to constant ridicule and being put down in front of colleagues
  • being the victim of loud and abusive, threatening or derogatory language usually when other employees are present
  • leaving offensive messages on email or by telephone, including offensive messages through the use of SMS and material posted on the internet
  • being subjected to practical jokes."

In the foreword to the policy and guidelines on Dignity and Respect document the then Director-General of the Premier's Department, Col Gellatly stated:

"The New South Wales Government is committed to ensuring its workforce is free from workplace bullying.

"The Dignity and Respect in the Workplace Charter and this document, Dignity and Respect: Policy and Guidelines on Preventing and Managing Workplace Bullying, have been developed in consultation with public sector agencies and major public sector unions. The policy is based on the principles of sound people management and ethical behaviour and underpins the Dignity and Respect in the Workplace Charter.

"It is expected that all public sector employees will treat each other with respect and bullying in the workplace will not be tolerated. Managers need to implement and actively promote policies aimed at ensuring that staff behave ethically and professionally. All employees must clearly understand the requirements and responsibilities to treat each other with dignity and respect."

The Chief Executive Officer of WorkCover NSW John Blackwell said in the foreword:

"Bullying comprises a significant threat to the safety and wellbeing of workers, and can impact on the harmony of the workplace environment. Although it may appear at times a daunting issue to address, the risk of bullying can be reduced and managed in much the same way as other workplace hazards, by implementing appropriate risk management policies and procedures.

"Government agencies should lead the way in managing this risk, which might otherwise result in physical or psychological injury to employees, lost time and productivity, and potentially high Workers Compensation claim costs. Clear guidance material will assist agencies to identify and effectively address concerns."

The Federation condemns all forms of bullying whether it is systemic or individual. In order for all workplaces to be safe environments and for examples to be set for our students we need to ensure that all workplaces are safe and free from any bullying.

Action

1. The Federation calls on the Department of Education and Training (DET) and other employing authorities to endorse the implementation of the Dignity and Respect in the Workplace Charter. This will include a commitment to implement a risk management approach to both preventing and responding to workplace bullying. Bullying behaviour must be regarded as an occupational health and safety issue not just a complaint or grievance.

2. The Federation Senior Officers will, in the first instance, hold discussions with the Director-General with the aim of achieving the following:
a) the DET and other employing bodies providing training consistent with the Dignity and Respect in the Workplace guidelines for all principals, college managers, head teachers and managers of all worksites and will include the training as a new component of induction programs

b) all DET, TAFE, AMES and Correctional Services Directors receive training and regularly address the issue at all appropriate forums
c) all workplaces, including non school based work sites, undertaking mandatory training with compliance by the end of 2008.

3. Federation will:
a) develop and compile support material. Available resources including those in the Teachers Federation library will be sent to members through TEFED and a CD-ROM. The availability will be noted on the Federation website. Among the support materials a series of staffroom posters will be produced that outline the issues and the concept of dignity in the workplace

b) request the Trade Union Training Officers to incorporate a component on workplace bullying in relevant courses, especially at Beginning Teachers courses

c) ask the relevant committees and Special Interest Groups (for example Women's Committee, gay and lesbian) to incorporate the policy into their activities and policies

d) ask Associations to include the issue on the agenda of their meetings

e) establish and elect a restricted committee to implement this policy and charter. All relevant sectors need to be represented on this committee.

4. The Federation demands that a joint training program for principals and Fed Reps be conducted jointly by DET and NSW Teachers Federation Officers in order to clarify the purpose of, and ensure the appropriate implementation of the Teacher Assessment Review Schedule. This program should be based on that conducted during 2001 and be implemented by the end of term 2, 2008.

5. That Federation negotiate with the DET to re-establish specific targeted programs for teachers and students on sex-based harassment, in particular for women teachers in remote and rural areas.





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