ANMF (Vic Branch) Assistant Secretary Sam Casey
Inappropriate workplace behaviours are a significant psychosocial hazard and risk to the health and safety of many nurses, midwives and carers.
It is important to understand that the terms ‘bullying’, ‘discrimination’ and ‘sexual harassment’ all have different legal meanings and avenues for redress, but can also overlap.
If you’re concerned about something happening at your workplace, ANMF members are encouraged to contact Member Assistance to seek advice.
What is workplace bullying?
Workplace bullying is repeated, unreasonable behaviour directed at an employee or group of employees that creates a risk to health and safety. (WorkSafe Victoria Workplace Bullying: A Guide for Employers, March 2020).
Everyone has a duty to ensure that workplace bullying does not occur. All workers should be treated with tolerance, dignity and respect.
Bullying can occur:
- downwards from senior staff/managers to workers
- sideways bullying between workers
- upwards bullying from workers to supervisors/managers.
Bullying behaviours can be intentional or unintentional and can be directed at an individual or a group of workers. There are a range of direct and indirect behaviours which, if repeated, may form a pattern of bullying and pose a psychosocial risk. These include:
- abusive, insulting comments or offensive language (this includes face-to-face, phone, email, text messages and social media)
- humiliating or putting someone down in front of others
- spreading malicious rumours or misinformation about someone
- changing work rosters and leave to deliberately inconvenience a particular employee(s)
- deliberately excluding someone from workplace activities
- excessive scrutiny at work, unjustified criticism or complaints
- setting unreasonable timelines or constantly changing deadlines
- setting tasks that are unreasonably above or below a person’s skill level
- withholding information that is vital for effective work performance.
What is not considered workplace bullying?
The following are not considered workplace bullying:
- a single incident of negative behaviour (however it can potentially escalate so should not be ignored)
- low-level workplace conflict – not all conflicts/disagreements have negative health effects or pose a risk to health and safety (but if not managed properly, they can escalate and become bullying)
- reasonable management actions conducted in a fair and reasonable manner.
Managers/supervisors are required to undertake management actions at times to effectively direct and control the way that work is carried out and to provide feedback on an employee’s performance. However, these should be carried out in a fair and reasonable manner.
Examples of reasonable management actions may include:
- transferring a worker for operational reasons
- informing a worker about unsatisfactory work performance when undertaken in accordance with workplace policies or agreements, such as performance management guidelines
- informing a worker about inappropriate behaviour in an objective and confidential way
- deciding not to select a worker for promotion where a reasonable process is followed and documented
- implementing organisational changes or restructuring
- termination of employment.
What is discrimination?
Discrimination is unfair treatment on the basis of a particular personal characteristic a person or group of people possess or are perceived to possess. These characteristics include but are not limited to caring responsibilities, age, gender, race and disability. In addition to these general protections, employers have particular obligations to make reasonable accommodation for caring responsibilities (for example in shift allocations), and make “reasonable adjustments”; that is, modifications to a workplace, role, or system of work to allow an employee living with a disability to participate in the recruitment process, and to perform the reasonable and genuine requirements of their job.
What is sexual harassment?
Sexual harassment Is unwelcome conduct of a sexual nature which would reasonably be considered to be humiliating, offensive or intimidating in the circumstances. It also includes demeaning treatment on the basis of a person’s sex or a characteristic of a person’s sex.
Examples of sexual harassment behaviours include:
- sexually suggestive comments or jokes
- intrusive questions about private life or physical appearance
- unwanted invitations to go on dates, or requests or pressure for sex
- unwanted written declarations of love
- sending sexually explicit or suggestive pictures or gifts to a worker, or displaying sexually explicit or suggestive pictures, posters, screensavers or objects in the work environment
- intimidating or threatening behaviours such as inappropriate staring or leering, sexual gestures, or following, watching, or loitering
- inappropriate physical contact, such as deliberately brushing up against a person, or unwelcome touching, hugging, cornering, or kissing behaviours that may be offences under criminal laws, such as actual or attempted rape or sexual assault, indecent exposure or stalking sexually explicit or suggestive emails, SMS or social media (including the use of emojis with sexual connotations), indecent phone calls, circulating pornography or other sexually graphic imagery, unwelcome sexual advances online, or sharing or threatening to share intimate images or film without consent.
What should I do if I think I’m experiencing inappropriate workplace behaviours?
If you feel that you may be experiencing inappropriate behaviours at work, you should seek assistance immediately as advice and assistance can often prevent the situation from escalating.
It is important to keep a written record of your concerns, including details of dates and witnesses, and how it makes you feel. You should also read your employer’s policy concerning bullying and inappropriate workplace behaviour.
Members are also encouraged to submit a Member Assistance enquiry form via anmfvic.asn.au/memberassistance.
The ANMF online education and CPD portal includes several modules on professionalism and the law, including Bullying in the workplace. Explore more at education.anmfvic.asn.au.
Concerned about coming forward about inappropriate behaviours?
The Federal Fair Work Act 2009, Sex Discrimination Act 1984, Occupational Health and Safety Act 2004 and Victoria’s Equal Opportunity Act 2010 protect you from retaliatory conduct or harm to your employment if you come forward. Employers can also be found to be jointly liable for their employee’s conduct.
Is there any other support available?
Nurses and midwives can also call the Nursing and Midwifery Health Program Victoria for free, confidential and independent counselling. Contact NMHPV on 9415 7551 or nmhp.org.au.
