Acceptable Behaviour

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 5Written 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 Chancellors 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