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Acceptable Behaviour?

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  1. Acceptable Behaviour? • You are reprimanded for not finishing a task on time • Colleagues tease you about the size of your nose • You are asked to account for your errors • Your supervisor yells insults at you when you make errors • Your boss leers and winks at you after her Friday pub lunch • You have to move offices to accommodate a new worker • Someone is hiding your printing before you can get to it • Staff you supervise refuse point blank to follow direction • The promotion you asked for is rejected • A colleague asks you out for a drink • The Vice-Chancellor uses your personal teacup

  2. Unacceptable Behaviour • Unwelcome • Offends, Humiliates, Intimidates, Degrades • May be targeted at a group characteristic • May be repeated or systematic • May be a one-off incident

  3. The “Reasonable Person” Test Case by case, assessing factors like gender, race, age and in general the relationship between the parties. • A reasonable person in the place of the victim: “How would a reasonable person feel in that situation?” • Reasonable person in the place of the perpetrator: “Could a reasonable person have anticipated that their behaviour would cause offence?”

  4. CQU Responsibility • Take all reasonable steps to prevent and deal with workplace harassment, unlawful discrimination or bullying. • Provide access to a fair and rigorous process to settle disputes • Monitor processes and review as required

  5. Individual Responsibility • Comply with policies • Treat others fairly & with respect all the time • Do not condone harassment or bullying • Report instances of harassment or bullying • Offer support to those victimised • Promote the importance of action against harassment and bullying

  6. Defuse disputes • Separate normal management from the issues in dispute • Practice flexible effective communication • Focus on tasks & outcomes • De-personalise issues • Use empathy to analyse others’ motivation • Separate real from imagined differences

  7. Feeling Aggrieved? Ask yourself: • What exactly has offended me? • What do I want to happen in the end? • Who is the best person to talk to? • Can I solve the problem myself? • What actions are open to me? • Where will I seek support/assistance?

  8. CQU Workplace GrievancesPolicy and Procedures • Flexibility in each case • Six resolution options • No compulsory sequence • Defined responsibilities • Principles underlying procedures • Confidentiality & Defamation

  9. Informal procedures • Option 1: Take no action • Option 2: Deal with it individually • Option 3: Mediation • Option 4: Conciliation • The procedures given for Options 3 & 4 are suggestions and not prescriptive.

  10. Option 5:Written formal complaint • Staff: to Director, Staff & Student Services • Students: to Registrar/Chief Compliance Officer • Institutional (indirect discrimination): to Vice-Chancellor

  11. Formal Complaint Process Director or Registrar/Chief Compliance Officer role: • Acknowledgement within 5 working days • Natural justice to respondent • Unless ill founded, investigator appointed • If in breach, advise VC on response: • EBA misconduct clauses • Student Discipline Statute • Counselling, other referral or intervention • Report, compensation, restitution

  12. Institutional Complaint Vice Chancellor’s role: • Acknowledgement within 5 working days • Relevant advice sought • Administrative remedy available? Fix it. If no such remedy is apparent: • ad hoc committee to investigate & report • recommended action • recommend compensation, restitution

  13. KEY PRINCIPLES Confidentiality Impartiality Good Will INITIAL CONTACT Grievance Contact Officer, Supervisor, Head of School or Dean, provides information about processes and clarifies nature of grievance Self-directed resolution INFORMAL COMPLAINT Equity & Diversity Office to facilitate resolution, Or appoint facilitator Or appoint mediator Or appoint conciliator FORMAL COMPLAINT Staff – in writing to Director, Staff & Student Services. Students – in writing to Registrar/CCO. Investigator appointed by: Director, Staff & Student Services for staff; Registrar/CCO for students. Expert advice may be sought Director – Staff & Student Services or Registrar/CCO notify VC of any breach and advise VC about remedial action which may be taken. INSTITUTIONAL COMPLAINT In writing to Vice-Chancellor. Equity Office provides advice. Resolved – statistical report Procedural remedy - report to complainant Breach Remedial action approved by the Vice-Chancellor, which may include: Staff misconduct – current EBA Student misconduct - Statute 4 Not resolved – complainant may choose to lodge a formal complaint. This ends the informal process. Ad hoc committee appointed by VC to devise remedy and report No Breach advise complainant in writing

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