Case Study - Bullying
What is
bullying?
It's more than just a fight or
disliking someone.
It’s being mean to someone over
and over again.
Bullying is
an ongoing or repeated misuse of power in relationships,
with the intention to cause deliberate (on
purpose) psychological harm. Bullying behaviours can be verbal, physical
or social.
Bullying can happen anywhere – at
home, online, with friends, in a group, on the bus or at school.
First and foremost, there
is no compensation to be claimed if bullying is found to be occurring,” he told HC. “The only order you can get is that the bullying behaviour
ceases.
“Secondly, the definition of bullying is
relatively narrow, which makes it hard to make a successful claim.”
The Fair Work Act defines bullying as repeated
unreasonable conduct that has the potential to cause a health and safety risk.
Jewell added that another reason for the low
number of claims being made is that practically, the claims aren’t dealt with
very quickly.
“An employee could make an allegation, but the
subsequent process could go on for three to six months,” he explained.
“It’s not often that people think they are being
bullied, but having to put up with it for six months makes the situation worse.
“It’s also difficult to get a successful claim
against a manager in circumstances involving performance management,” he added.
“These tend to be the circumstances in which people think they are being
bullied.”
Jewell said that if an alleged bully’s behaviour
can be deemed ‘reasonable management’, the claim would collapse.
“There’s a secondary element that bullying can’t
be a reasonable management action,” he explained. “Any conduct considered to
demonstrate this is exempt from bullying orders.”
“Very few law firms are advising these orders as a
primary option,” Jewell warned.
“There could be quite unreasonable conduct going
on that is held to not be repeated, so deemed not to be bullying.”
According to Jewell, a more traditional route –
which employees are still opting to take – would be a worker’s compensation
claim.
“Employees cannot make a bullying claim if they
already have a worker’s compensation claim in,” he said. “A lot of employees
are sticking to compensation claims.”
Is it possible for people who file complaints to be victimised beyond the original incident? How could this happen? What are some ways organisations and individual managers can help people feel more comfortable making a claim?
Yes, it has been noticed that in some cases people can be victimised for making complains.
Some possibilities why people get victimised are as follows:
1. Listen to each other.
Communication is at the core of
human relationships, and it should be no different with your colleagues. Open a
dialogue by listening and making people feel comfortable sharing. This is an
ongoing process that should go beyond a single engagement survey each year.
Collect regular, ongoing employee feedback -- and all forms of feedback at
that.
Send pulse surveys, host focus
groups, plan one-on-one meetings and participate in conversations around the
office whenever possible. Sometimes the best feedback happens in these casual
settings, when formal barriers are not in place.
2. Show
employees that you care.
In the same way you nod to
someone to show them you are listening, make sure employees know you are
listening by communicating the findings of any feedback they have provided.
Through my research interviewing
hundreds of companies, it stood out to me how well-intentioned feedback efforts
can backfire if nothing is done with the new information. Employees want to
know that their voices aren’t falling into a black hole. If you can’t make the
recommended changes, simply explain why. It’s scary, but transparency like this
goes a long way to create a culture of respect and trust.
3. Help
each other.
People who respect each other
help each other. They support each other as employees and as people. Not only
does this mean that employees will have richer, more positive relationships at
work but also when there is a culture of support, employees won’t be afraid to
ask for help. This ultimately makes everyone more comfortable and effective in
his or her job.
Related: 5 Ways to Make Your Employees Happier and More Productive
4.
Encourage everyone to be themselves.
The team-building events at my
company CultureIQ, a business providing company
culture-management software, have ranged from hiking to volunteering at a soup
kitchen and a competitive game night at a local jazz bar. The common thread to
these diverse (and seemingly unrelated) events is the team behind it.
Each month we pass the planning
of our culture events to a different member of our team, and thus, each
employee has an opportunity to bring his or her personality to the table. Not
only do we get to know each other during the event itself, but we learn
something about each employee through the event they plan. Hiking isn’t
everyone’s favorite activity, but it certainly speaks to our product manager’s
love for the outdoors, and we all are able to respect and appreciate that
together.
The next time you find yourself stumped at retaining and engaging employees,
just remember that it comes down to two surprisingly simple concepts: respect
and trust
SHIFT THE FOCUS FROM EQUALITY TO FAIRNESS IN THE WORKPLACE.
We hear a lot about
equality in the workplace. Equal treatment, equal pay, equal opportunities for
advancement. While all these things are important, and something employees look
for and appreciate in a company, they may want something else even more.
Fairness.
“That’s not fair!”
It’s a common childhood
complaint. No doubt you’ve heard it before. In most cases, the complaint is
dismissed, with the old, “Life’s
not fair” rebuttal. However, the desire for fairness in the workplace
cannot be shoved under the rug so easily. In fact, treating employees fairly
might be one of the most important things any manager or owner can do to create
a positive work environment.
WHY FAIRNESS IS SUCH A BIG DEAL
Most of us have probably had a
manager who played favorites in the office. Examples include the “star”
employee who always gets the best assignments and all the credit, that one
employee who gets away with everything or managers who have a different set of
rules for some employees versus others.
The problem is that playing
favorites causes dissension among employees, invites poor morale, and makes it
harder to keep or attract good talent. When you treat employees fairly, the
focus in the office will shift away from grievances to how everyone can work
together to achieve goals.
According to The Balance, “When
you treat others fairly two things happen. Your employees notice and respect
you for it. Your reputation for fair play reinforces their belief in you.
Second, the people who you treat fairly will respond in kind. You are teaching
through your actions and modeling the behavior of ‘fairness’ in the workplace.”
SOME KEYS TO REMEMBER IN FAIR
PLAY:
- Never play favorites
- Make the rules clear and
apply them equally (and fairly) across the board
- Make changes if you see an
individual or group is being treated unfairly
- Think about how rules
affect everyone
- Be up front about the reasons for your policies and rules
WHY THE “GOLDEN RULE” MIGHT NOT
WORK AT WORK
The golden rule is another one
of those life lessons we all learned as children. “Treat others as you want to
be treated.” While this is a good rule to follow in general, it doesn’t always
work in the office environment. According to an Inc. article, “If
everyone has separate goals and desires (which they do) why should you assume
something that makes you happy will give others the same pleasure? The new rule
you should follow is the platinum rule: treat others how they would like to be
treated.”
HOW TO UNDERSTAND WHAT YOUR
EMPLOYEES WANT
The key is to get to know your
employees, so you understand what they want and what motivates them. Parents
know that what often works with one child, fails with another. Teachers also
face the challenge of figuring out the best educational methods to reach
students with different personality types.
Managers and owners must do the
same thing. “You need to understand what is important and valuable to each of
your reports … Reaching out can be done with one-on-one meetings, drop-in
chats, or employee surveys …The result is you’ll know more about your employees
and be better able to motivate and inspire them,” according to Inc.
Fairness may be the new
buzzword in the business world, as important (if not more important) than
“equality” in the workplace. Follow these guidelines to create a work
environment where being fair is the order of the day.
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