Purpose

Mooroolbark Baptist Church is committed to providing a workplace free of bullying. It is acknowledged that the coverage of health and safety legislation applies to workplace bullying. Workplace bullying is illegal and will not be tolerated.

Workplace bullying is repeated and unreasonable behaviour directed towards a person, or group of people, that creates a risk to health and safety. It is acknowledged that bullying is a risk to the physical and mental health of our workers, volunteers and other people.

Scope

This Policy applies to all workers, ministry leaders, church leadership and volunteers at Mooroolbark Baptist Church.

The policy will not apply to:

1. Any matters referred for resolution under the Fair Work Act 2009;

2. Any matters which threaten the immediate health and safety of individuals.

All people involved in the broader Mooroolbark Baptist Church community are also expected to behave in a safe, inclusive and respectful manner. It is important for any members of the church community to report any incidents so appropriate steps can be taken to care for the wellbeing of individuals and prevent any future issues occurring to others.

Policy Position

Mooroolbark Baptist Church considers bullying an unacceptable workplace behaviour and will not tolerate it under any circumstances. Examples include:

• Verbal abuse, yelling, screaming and inappropriate language

• Excluding or ignoring someone

• Singling someone out to do unpleasant tasks

• Humiliating or belittling someone through sarcasm, teasing or insults

• Unwelcome sexual advances or exposure to offensive material

• Intimidating, threatening abuse, physically abusing someone

• Initiation practices

• Ridiculing someone’s professional or personal opinions

• Excessive supervision or monitoring of an individual’s work

• Rejecting applications for training, leave or promotion without valid reason

• Threatening job security without valid reason

• Setting impossible work targets and deadlines or withholding information needed for effective work performance

• Spreading malicious rumours or gossip

• Unexplained job changes, removing key areas of responsibility without valid reason

• Sabotaging someone’s work

• Unwanted practical jokes or interfering with their equipment or personal items

Mooroolbark Baptist Church expects all workers and volunteers to behave in an appropriate manner and to treat other workers, volunteers and other people with dignity and respect.

All bullying inquiries and complaints will be treated seriously. The employer will respond after receiving written notice and deal with the inquiry or complaint in a confidential and impartial manner.

Inquiry and complaint details are required to be submitted in writing so that the full details of the matter can be fully investigated. All complaints are to be investigated and complainants are informed of the outcome within a reasonable period of time.

Pastors, Ministry leaders and the Diaconate will ensure that workers or volunteers who make complaints, or who are witnesses to a complaint, are not victimised. Workers and volunteers must not victimise complainants, witnesses or an alleged bully. Victimisation shall be regarded as a serious breach of discipline and incur disciplinary action.

Disciplinary action shall be taken against anyone who is found to have bullied another person. False or malicious complaints of bullying shall be regarded as a serious offence and incur disciplinary action.

Policy Implementation

Dealing with Bullying

Early intervention and training

Early intervention is a way of solving an issue without a formal report or investigation. Early intervention is possible through an individual self-managing a situation or seeking help from someone else to raise the issue.

Training plays an important role in the early intervention of workplace bullying. Employers should ensure workers are trained to recognise bullying behaviour and to adjust their behaviour accordingly before it becomes an issue.

Steps that an individual can take against workplace bullying

Self-management is an option to initially address workplace bullying and should only take place if the individual who experiences the behaviour is confident and safe to do so. It involves the individual who experiences the behaviour directly telling the other person the behaviour is not welcome and should not happen again. A formal report may be made if the behaviour continues or gets worse.

If an individual does not feel confident enough to manage a situation, they can raise the issue with another person, including:

• a ministry leader

• a ministry team leadership member

• a pastor

• a member of the diaconate

Anyone asked to act on behalf of an individual should use a confidential and non-confrontational approach when discussing the issue.

Intervention by Church Leadership/Ministry Leaders

Church Leadership and ministry leaders should immediately intervene in issues they directly observe in the workplace or if a member of their team asks them to intervene. A church leader or ministry leader who approaches an individual directly about their behaviour should record the action taken. Leadership should have access to support in knowing how and when it is appropriate to escalate an issue.

Church Leadership and ministry leaders should provide support and assistance to all workers and volunteers involved in a case of workplace bullying, including potential complainants and respondents, witnesses and bystanders. Leadership should also ensure they seek any support or assistance they require.

Investigation of workplace bullying

The aim of an investigation is to explore the circumstances of the matter and independently determine what has occurred. Workplace bullying reports of a serious or complex nature should always be investigated. Serious bullying reports may include those:

• covering a long period of time

• involving multiple workers

• where the alleged behaviours are in dispute

• involving alleged bullying by senior leadership

• where other processes have not been able to resolve the matter

Once it has been determined that an investigation will be undertaken, the employer should decide on the scope and process including:

• who will conduct the investigation

• details of the behaviour that will be investigated

• how the investigation will be conducted and likely timeframes

• what the investigation aims to achieve

• what support needs to be provided to the parties involved

• how outcomes of the investigation will be communicated

How to investigate

Appoint an impartial and experienced internal or external person with knowledge about how to deal with such matters. The investigator should be someone who is neutral to all parties involved. The investigator should:

• set the scope of the investigation by describing the allegations to be tested

• establish the investigation process. (ie. who will be interviewed, when and how long it should take);

• undertake the investigation; and

• report on findings from the investigation and provide recommendations on actions required to address the situation and/or mitigate future issues arising

In certain circumstances, it may be appropriate to use an experienced external investigator. These situations may include:

• there is no suitably skilled person available at the workplace

• a suitably skilled person has a conflict of interest

• the nature of the allegation is serious; or

• the complaint is against a person in a high level of management/leadership within the organisation.

The person conducting the investigation should:

• treat all matters being investigated seriously and confidentially

• examine matters impartially and in a timely way

• allow appropriate time for the investigation

• speak to the complainant and any alleged respondents

• identify and speak to all relevant witnesses

• inform everyone involved of the possible investigation results and outcomes

• assess reports on their merits and facts

• hear parties separately because versions of what allegedly happened may differ

• record the facts surrounding the matter

• clarify how all parties involved in the investigation will receive the investigation report

Principles to be applied in a workplace bullying investigation

To ensure the investigation process takes place in a fair, objective and timely way, it is important to observe the following points for each person involved in the investigation.

The complainant

Make sure the complainant:

• is fully informed about the investigation process and possible outcomes

• has an opportunity to seek independent advice and representation

• is given time and assistance to set out the complaint/s and supporting material

• has their confidentiality maintained

• is informed how they can seek a review of a decision; and

• is provided with support and assistance

The respondent

Make sure the respondent:

• is fully informed of all allegations against them

• is fully informed about the investigation process and possible outcomes, (i.e. disciplinary action);

• has an opportunity to seek independent advice and representation

• is given full opportunity to reply to the complaint/s

• has their confidentiality maintained

• is informed how they can seek a review of a decision; and

• is provided with support and assistance

Witnesses, bystanders, supervisors and managers

Make sure witnesses, bystanders, supervisors and managers:

• are informed about the investigation process

• have an opportunity to seek independent advice and representation

• are given time and assistance to provide supporting material where they wish to

• have their confidentiality maintained

• are provided with support and assistance

Investigation outcomes

The investigation report

At the end of an investigation, the person investigating should submit an objective report that:

• describes the allegations/what was reported

• describes the investigation processes

• outlines all relevant evidence, including who was interviewed

• concludes, on the balance of probabilities, whether workplace bullying is likely to have occurred

The report should be acted on and its key findings communicated in a sensitive way to the complainant and respondent.

Where an investigation has taken place, the report should recommend actions to finalise the matter and include suggested improvements for the response procedure for the future.

If workplace bullying is not proven

In some circumstances, an investigation may find that workplace bullying did not occur. The report should still recommend further actions to address the situation, such as mediation, counselling or changing working arrangements. Mediation is a voluntary process where an impartial third party, preferably a trained mediator, helps the parties put their respective cases before each other. The role of a mediator is to help both parties understand each other's perspective and to try to find an agreement the parties are willing to abide.

Where appropriate, communicate recommendations to relevant people, for example, the complainant, the respondent and other relevant parties.

Where appropriate, communicate recommendations for improvements to HSRs, if there are any, the OHS committee and workers.

Dealing with false reports

Complaints that are not true and made to cause harm or distress are known as vexatious or malicious complaints. If a report of bullying is found to be vexatious or malicious, disciplinary action or counselling may be considered against the person who made the report. Any action taken should be consistent with the organisation's policies on misconduct and disciplinary action.

Strategies to consider

The options used to resolve a report of bullying will vary according to the nature of the situation and should be dealt with on a case-by-case basis. The list below outlines a range of approaches to address complaints and prevent future issues arising.

Please note: 

• These actions can be combined and applied at both the individual and organisational level.

• Some action may still be necessary even if allegations of workplace bullying are not proven.

• Longer-term proactive interventions are encouraged to achieve sustainable change. 

Organisational level

• awareness sessions on appropriate workplace values and standards

• training sessions with follow-up coaching sessions. For example, sessions in communication skills, conflict management, interpersonal skills, respectful behaviours and bystander intervention. The sessions can be for one person, a workgroup or section or organisation-wide

• ongoing monitoring of the affected work group

• review the workplace policy with workers and managers or workgroups

• review the workplace prevention measures

• review workplace procedures and improve the process in consultation with workers

Individual level

• direct a worker to stop the behaviour

• invite an apology

• individual training

• provide mediation or another dispute resolution process

• coach, counsel and/or mentor an worker/workers

• use disciplinary action subject to workplace relations laws. Employers may need to seek advice before proceeding with disciplinary action

• provide support or assistance.

Roles and Responsibilities

Paid workers, Church Leadership and Ministry Leaders

Are responsible for the following:

•  Implementing this policy within the organisation and workplace.

•  Promoting and facilitating a culture that actively discourages bullying.

•  Being aware of the legislative requirements relating to workplace bullying.

•  Ensuring that all workers and volunteers are aware that unlawful bullying is are not tolerated.

•  Treating all complaints seriously and taking immediate action to resolve them.

•  Ensuring that all decisions regarding workers and volunteers are made in a fair and equitable manner.

•  Responding immediately to inappropriate behaviour, clearly articulating zero tolerance for bullying behaviour.

•  Being a positive role model.

All other volunteers

Are responsible for the following:

•  Ensuring they behave in a manner, which is free of bullying.

•  Respecting the rights of others to be treated fairly and equitably.

•  Contributing to a culture that actively discourages bullying.

•  Ensuring that claims of bullying are quickly and constructively addressed in accordance with this Policy.

•  Participating in activities aimed at raising awareness and addressing issues relating workplace bullying.

Definitions:

The following definitions will be used for the purpose of this document;

•  Workplace: Any space used by Mooroolbark Baptist Church’s workers or volunteers to conduct ministry activities.

•  Workers: Employees (Paid workers) or volunteers, (which include ministry leaders, team members and any other person volunteering at Mooroolbark Baptist Church.)

•  Employer: Mooroolbark Baptist Church, managed by the Diaconate.

•  Ministry Leaders: Responsible heads of Ministry groups

•  Church Leadership: Pastors, Elders and diaconate

Related legislation

•  Fair Work Act 2009 (Commonwealth)

•  Human Rights and Equal Opportunity Commission Act 1986 (Commonwealth)

•  Victorian Charter of Human Rights and Responsibilities 2006

•  Victorian Equal Opportunity Act 2010

•  Workplace Relations Act 1996 (Commonwealth)

•  Occupational Health and Safety Act 2004 (Victoria)