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Dignity in the Workplace

Definitions

Bullying
Workplace bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to a safe and comfortable working environment. An isolated incident of the behaviour described in this definition may be an affront to dignity at work but, as a once off incident, is not considered to be bullying.

Sexual Harassment
Sexual harassment is a form of discrimination on gender ground in relation to conditions of employment. The definition of sexual harassment includes any:

  • Act or threatened act of physical intimacy
  • Request for sexual favours
  • Other act or conduct including spoken words, gestures or the production, display or circulation of written words, pictures, texts, e-mails or other material that is unwelcome and could reasonably be regarded as sexually offensive, humiliating or intimidating.

Harassment
Harassment is a form of discrimination based on the following grounds:

  • marital status
  • family status
  • sexual orientation
  • religion
  • age
  • disability
  • race

Non Workplace Bullying, Sexual Harassment and Harassment
The scope of the sexual harassment and the harassment provisions extend beyond the workplace, for example, to conferences and training that occur outside the workplace. It may also extend to workplace social events.

Forms of Bullying/Harassment
Bullying/Harassment may manifest itself in a variety of behaviors including the following:

  • Humiliation
  • Intimidation
  • Verbal abuse
  • Victimization
  • Exclusion and isolation
  • Invasion of privacy through pestering, spying or stalking
  • Assignment of unreasonable tasks and/or deadlines
  • Implied threats

This list is not exhaustive.

Bullying/harassment may take the form of:

  • Physical contact
  • Verbal abuse
  • Implied threats
  • Jokes, offensive language, gossip, slander, offensive songs
  • Posters, cartoons, graffiti, obscene gestures, flags, bunting and emblems
  • Isolation or non co-operation or exclusion from social activities
  • Coercion for sexual favours
  • Vandalism of personal property

This list is not exhaustive.

Procedures for Dealing with Allegations of Bullying/Harassment among Staff

Stage One: Informal

  • If the behaviour of one or more members of staff towards another is found to be unacceptable by the latter, (s)he has the right to explain to the former that (s)he is being made to feel uncomfortable at work or is being offended in some way. If, as a result of this informal conversation, the offending words, behaviour or demeanour change so as to make the environment comfortable for the person who had experienced the unwelcome behaviour, the matter will be closed.
  • Should the offended party feel unable to approach the person(s) who is (are) causing offence, (s)he may approach the Principal or a designated contact person, who may be associated with the school but not working directly with staff, but has been nominated by the school in agreement with the staff.
  • The role of the contact person at this informal stage will be to support and advise the person who has contacted him/her as to what steps might be taken to resolve the situation informally. He or she will act as an impartial mediator but will have no direct role in the grievance procedure. He or she may be trained in counselling skills and will at no stage divulge any information about the particular case without the consent of the staff member who has sought advice from him or her.
  • As soon as any member of staff is made to feel uncomfortable to the extent to which she or he feels bullied or harassed, she or he should keep detailed notes of incidents including times, dates and particulars of incidents. If other members of staff witness any of the incidents, they may be asked, without prejudice to themselves, to provide a report to the Principal/Contact Person.
  • If despite the above actions, the issue is not resolved and the unacceptable conduct continues, the staff member who is the victim will bring the matter to Stage Two.

Stage Two: Formal

  • Should the complainant find that the informal procedure outlined does not bring about a resolution of the problem, (s)he should approach the contact person, Principal or other person who can represent his or her case to either the Principal or representative of the Board of Management. The nature of the complaint may be outlined orally or in writing.
  • On receipt of the complaint, the Principal or person acting on behalf of the Board of Management will investigate the complaint in the following way:
    1. By interviewing the complainant to ascertain the details of the complaint, finding out who was involved; when the incident(s) occurred; where the incident(s) occurred; whether there were witnesses to the event(s) and possible solutions to the problem. A written record of the meeting will be kept and a written statement provided by the complainant. Confidentiality of the complainant will be maintained at this stage in the investigation.
    2. The alleged bully/harasser will now be advised of the complaints brought against him/her; given an opportunity to be heard; allowed representation if requested; be assured of confidentiality where possible. (S)he will be given the opportunity to read the written statement(s) of the complainant and will be offered the opportunity to reply in writing.
    3. Copies of all written records will be kept in the school files.
    4. If, following the investigation into the complaints, the latter are found to be valid, prompt action will be taken by the Principal or Board of Management to stop the bullying or harassment up to and including disciplinary action. (See Disciplinary Procedure JMB/ASTI) Action may involve some or all of the following:

      • A verbal warning
      • A written warning
      • Suspension with pay of the alleged harasser and in special circumstances the complainant to facilitate a full investigation
    5. If it is found that the perpetrator’s behaviour has been misinterpreted and that (s)he was genuinely unaware of the effects of his or her demeanour, words or actions but on being made aware, makes every effort to put the situation right for the complainant, no further action will be taken and the investigation will be closed.

This policy was ratified by the Board of Management at its meeting of 7th November 2006 and is due for review in May 2008.

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