Various criticisms of the new policy spring to mind, not least
that
they seem not to have consulted any expert this time, not me,
not ABC [Mona's
group], not Dr. Eileen Doyle, not RTE staff; they still do not
give any names
asked for by me in the Bullying 1,2,3 such as who is going to
carry out
training, who is on the panel of independent chairpersons, who
will be contact
persons, when will the new policy take effect, who can use it
- can those
dissatisfied with the previous investigation go to appeal stage
now.
February 1st, 2001 Note: This updates Section 21 of Chapter 9 in the Policy & Procedures Manual |
Definitions
Harassment | Sexual
Harassment | Bullying | Responsibilities
What To Do
Designated Contact Persons
Complaints Procedure
Informal Procedure | Formal
Procedure | Representation
|
Investigative Process | Complaint
Upheld | Complaint Not Upheld |
Monitoring and Review
Page 1 Introduction
RTÉ has a duty of care towards its staff, and to those providing services who are under the control of RTÉ. A safe and healthy work environment in which all employees are treated with dignity and respect, free from harassment or bullying is a central objective for RTÉ. All employees have an individual responsibility to treat their colleagues with dignity and respect. This policy supports the objective by making staff aware of what constitutes harassment, sexual harassment and bullying, and by providing a procedural framework for dealing with complaints.
Due to the sensitive nature of the issues involved and to protect reputations,
the complainant, the person against whom the allegation is made, and other
individuals involved in the procedures are required to maintain confidentiality.
RTÉ is subject to the Freedom of Information Act, and therefore
records may be subject to F.O.I. requests for disclosure. The F.O.I. Act
allows exemptions for records given in confidence or which contain personal
information. Therefore it is RTÉ's intention to invoke these exemptions
if a third party request is made under F.O.I. Documents which relate to
cases under this policy and its procedures are contained within the personnel
file of individuals and therefore cannot be released on foot of an F.O.I.
request other than with the knowledge and prior agreement of the individual.
Added to all that are the disimprovements in the policy including:
page 1 re Fof I, we
need it spelled out that the person making the complaint should
get copies of
all documents relating to their case, in particular to all documents
pertaining
to the investigation by the investigative board;
Page 2 DEFINITIONS
Harassment
Harassment is defined as any act or conduct which is unwelcome and could reasonably be regarded as offensive, humiliating or intimidating on any of the nine discriminatory grounds, including spoken words, gestures, or the production, display or circulation of written material or pictures in the workplace or in the course of employment.
The nine discriminatory grounds in the Employment Equality Act, 1998 are: gender, marital status, family status, sexual orientation, religious belief, age, disability, race, membership of the travelling community.
Sexual Harassment
Sexual harassment includes all unwelcome actions that could reasonably
be regarded as offensive, humiliating or intimidating, sexually, or otherwise
on the gender ground. These include acts of physical intimacy, spoken words,
gestures, or the production, display or circulation of written material
or pictures, or requests for sexual favours.
page 2, it is not an improvement that there has been cut from
the original policy: "acutely
distressing....and will not be tolerated",
Page 3 Bullying
Bullying is defined as repeated aggressive or intimidating behaviour of a verbal, psychological or physical nature conducted by an individual or group, against others. It is usually a calculated process over time and can take place at any level within the organisation.
Examples of bullying include personal insults, name calling, public humiliation, instantaneous rages, oppressive delegation of duties, isolation of individuals, maligning or ridiculing a person, verbal abuse. Bullying denies the individual the right to a safe work environment and is totally unacceptable. However, an isolated incident of the behaviour described in this definition may be an affront to dignity at work and is to be taken seriously, but as a once-off incident is not considered to be bullying.
Justifiable criticism of an individual's work or performance, which
could be regarded as reasonable, is not to be construed as bullying. Disagreement
on professional issues or review of an individual's conduct or performance
does not of itself constitute bullying.
page 3 does not say how isolated incidents are taken seriously
and how they link with the complaint of more incidents which do count as
bullying - presumably the first incident should be
reported and it should be said that there is monitoring as the
first may be the
first of a series and there should be cross-referencing as there
might be a lot
of first incidents as far as the targets are concerned but with
the same bully
being complained about - how is this being checked in this policy?,
also on page 3, some performance appraisals and interview panel
reports include
personal insults - are they covered by this policy under personal
insults?,
also page 3, it is regrettable that the part about criticism
which could be
regarded as reasonable has not been reworded now that we know
that in practice
this backs up opinions which a normal outsider would not regard
as reasonable,
the implicit reference to the Labour Court case re performance
reviews is
absolutely reprehensible, unacceptable and unforgivable,
Page 4 Responsibilities
Under Safety and Health legislation, RTÉ has a duty of care towards its employees in ensuring a safe and healthy work environment. All employees have an individual responsibility to treat their colleagues with dignity and respect. In addition there is a particular onus on those in supervisory or managerial roles to ensure that the workplace is free from any form of harassment or bullying.
As in all matters of discipline, it is primarily the responsibility
of line management to ensure that the workplace is kept free of harassment
and bullying. Management is strongly committed to this policy and will
deal with all legitimate complaints in a supportive and expeditious manner.
In dealing with complaints, managers must be aware of the need to keep
in regular contact with the parties involved.
page 4 the word legitimate is added, who decides what is legitimate
- can legal opinion be
appealed to?, the word "sensitively" has been removed, this is
regrettable as
more sensitivity is needed,
Page 5 WHAT TO DO IF YOU ARE HARASSED
If you are subjected to harassment or bullying you can seek advice, assistance and support from your line manager/supervisor, the Personnel Division, your Divisional Head, Designated Contact Persons, Trade Union or Management Association representative. The Staff Welfare Officer or the Equality Adviser is also available to offer advice and assistance to individual employees or to supervisors or colleagues on behalf of a staff member subjected to harassment or bullying.
Designated Contact Persons
A panel of designated contact persons are available to provide confidential advice, assistance and guidance in an objective manner with a view to resolving complaints of harassment, sexual harassment and bullying. Their role is to act as impartial mediators who will advise the complainant as to possible courses of action. Contact persons will discuss cases in confidence and will not divulge any information without the agreement of the complainant. Under the informal procedures an employee can request the contact person to approach the person complained of with a view to resolving the complaint.
The contact person will assist the complainant in formulating a formal
written complaint to the Employee Relations & Conditions Dept. if necessary.
The contact persons will have no direct role in the investigative procedures.
page 5 the purpose of RTE's policy is removed from previous pol.,
the role and work of the designated contact persons is complex and those
taking this position will require a great deal of trust on the part of
staff going to them for assistance - that trust depends on information
which
has not been supplied as yet.
Page 6 COMPLAINTS PROCEDURE
Non-formal interventions and processes for resolving issues of harassment, sexual harassment and bullying are preferable as they reduce the anxiety and the possible long-term damage to relationships. These interventions require the goodwill of all involved in working towards a genuine and lasting resolution.
The Informal Procedure
Where possible the informal procedure should be used, as the person may not have realised the effect of their behaviour on the recipient. If an incident or incidents occur which you find offensive, intimidating or humiliating you should:
Page 6 re goodwill, this is not forthcoming from adult serial
bullies by
definition. "stop the offending behaviour" - does this mean you
say Stop
nit-picking or do you say Stop bullying me or, if more appropriate,
Stop
bullying us/them/her/him? I believe this is an attempt to split
each complaint
into different behaviours and avoid the term bullying. 3) has
been changed in
line with other changes, just note "intervention if appropriate"
now instead of
"seek advice or assistance"
Page 7
Also on page 7, "the line manager will further decide if ..."-
any
target of bullying wants to have the right to take the decision
as to whether
the matter goes to Personnel etc.
No disciplinary action will be taken against the person against whom a complaint is made, where she/he co-operates fully with the informal procedure, and it is being invoked for the first time.
RTÉ must reserve the right to implement the formal procedure
if this is necessary to resolve the issue.
Page 8 para 1, same as before and still not
satisfactory - does "full cooperation" include apology and making
amends and
guarantees of absolutely no bullying in future? - that is required,
it is
necessary, it must be stated in the policy in these clear terms.
Page 9 The Formal Procedure
If the offending behaviour does not stop and/or you wish to make a formal complaint you can do so by putting the complaint in writing to the Senior Executive, Employee Relations & Conditions. A Designated Contact Person will help you formulate your complaint if required. The person against whom the complaint is made, is also entitled to refer the issue to Employee Relations and Conditions Department.
The written complaint should be as specific as possible, stating
dates, names, incidents as appropriate. You should be aware that this document
will be an important source of information for the Investigative Board.
On receipt of a written complaint of harassment or bullying, Employee Relations
& Conditions Department will establish an investigative board consisting
of one manager, a TUG nominee and an independent chairperson to investigate
the complaint. Any persons appointed will have the necessary training to
ensure the complaint is fully investigated in an independent and objective
manner. The investigation will be carried out sensitively with due regard
for the rights of both the complainant and the person against whom the
complaint is made.
Page 9, Names should be included in a policy, viz. the senior
exec.,empl. relns.
& condns., at present this is Michael O'Brien. More important,para
2, the word
"specific" has been added, this is not an improvement as it is
the behaviour
and the atmosphere that are or are not bullying, the negative
feelings,
pertaining to injustice and persecution, between episodes distinguish
bullying
from other sorts of unpleasant incidents. Further, it is important
that the
persons on the investigative board should be people that the
people going
before them feel they can trust neither to bully nor to support
bullies or
bullying behaviour. We should be told the names of those at present
on the
panel for selection to the investigative boards, this is particularly
important
re the independent chairpersons - in spite of repeated requests
we have not
been given even one name as possibly going to be an independent
chairperson,
and enquiries among suitably qualified people have drawn a blank.
What are the
criteria regarding the "necessary training"? And it is not enough
to be
"independent and objective", it is necessary to be "well-informed,
fair and
just". Natural justice means that one cannot be judge in one's
own case; in
fact given the loss of trust in RTE,any discernible conflict
of interest must
be avoided.
Page 10 Representation
RTÉ' s procedures do not preclude individuals seeking legal advice. However, the procedures set out here involve an internal employee relations process, which entitle both the complainant and the person complained of, to representation specifically by a colleague or trade union/Management Association representative. Legal representation is not permitted.
In cases of sexual harassment at least one of the investigators will be of the same sex as the complainant.
Investigative Process
On receipt of the written complaint an investigation will be set
up within 10 working days. The Investigative Board will conduct and complete
the investigation within a further 15 working days. Where this is not possible,
both parties will be advised of the circumstances by the Investigative
Board.
The Investigative Board will separately interview the complainant
and the individual complained of. The interviews shall be formal and will
be noted. The person against whom the complaint has been made, will be
provided with a copy of the written complaint, and will be asked to provide
a response.
Page 10, para 1, it should be clearly stated that everyone
is
entitled to be accompanied to meetings/hearings by a friend of their
choice -
this is a supportive friend and not a representative. It is regrettable
that
"legal representation is not permitted". A statement explaining
this condition
is necessary to restore confidence in the policy.
Also,para 3, it is necessary to give examples of the kinds of circumstances
and reasons which would permit delays in completing the investigation;
this need arises from the inordinate
delays that are common in processing bullying complaints in many
schools and
workplaces.
Also, para 4, "noted" - is this to be full and accurate notes using
shorthand or audio-tape and typed up verbatim? Any changes in wording
can have
the effect of changing the meaning of what has been said. Also,
"asked to
provide a response" - "required" would be more appropriate given
the serious
nature of a formal complaint and the official nature of a board
with an
independent chairperson.
Page 11
Confidentiality will be maintained throughout the investigation into the allegation. Where it is necessary to interview witnesses, the importance of confidentiality will be emphasised. It will be explained to all parties that any breach of confidence would constitute misconduct under RTÉ's Disciplinary Procedures and would be subject to disciplinary action.
A Personnel/Employee Relations Executive will be assigned to each case to ensure that the timeframes and integrity of the procedures are maintained.
Witnesses
The Investigative Board will meet with witnesses who in their opinion may have a useful contribution to make in establishing the facts of a particular case. All parties will be advised of the intention to interview witnesses.
Findings
Findings of the Investigative Board will be forwarded to the complainant,
the person against whom the complaint was made, and the Senior Executive,
Employee Relations & Conditions.
Page 11, there is a need to address what happens if anyone
connected to the
investigation is victimised or threatened, especially witnesses.
Also, it is
nessary to state clearly what happens if incorrect or misleading
information is
supplied - especially if there are untrue allegations in the response
of the
perceived bully. Para 2, how will s/he do this "ensuring"? Para3,
"The I.B.
will meet with witnesses who in their opinion may have ...". This
is especially
unacceptable given the recent Labour Court hearing sought because
witnesses had
not been interviewed in a long-drawn out case in another organisation.
If the
complainant, the accused, a witness, or any other interested party,
wish
witnesses to be interviewed then these witnesses should be interviewed.
Para4,
Will the findings be in full or a short summary and will the line
of reasoning
that leads to the results and recommendations be made clear?
Page 12 Appeals
An independent appeals procedure will be established. The complainant and the person against whom the complaint was made may lodge an appeal where there is clear evidence of a procedural defect which affected the outcome of the findings.
Action on Findings
Complaint upheld
b) A complaint of harassment
or bullying may, following investigation, result in management taking disciplinary
action including warning, suspension, dismissal etc.
Page 12, para 1, who will hear an appeal? how clear and
to whom and what kind
of defects will decide whether there is "clear evidence of a procedural
defect"? Give examples.
At present the Managing Director, Org. & Dev. is Liam Miller.
Page 13
c) In certain instances a transfer may be considered appropriate and feasible and, in such cases, it is the person against whom the complaint was upheld who will be relocated. The complainant shall not be transferred except at his/her own request.
Complaint not upheld
Where a complaint is not upheld, no action shall be taken against
the complainant, provided the allegation was made in good faith. If, however
it was found by the Investigative Board that the complaint was brought
vexatiously, it will be treated as misconduct under RTÉ's Disciplinary
Procedures.
Training
Details of this policy and the procedures to be followed in such
cases will be included in induction and other training programmes for staff.
Designated Contact Persons will receive training on this policy and its
procedures; mediation techniques and on the formulating of complaints.
Page13, "a satisfactory performance appraisal" by whom?
if by one of the
accused bullies or their supporters then this is not acceptable.
Let us hope
that c) will be followed in future.
para5, WHO will train the designated contact persons, when and
will they pass a
test of suitability after training?
Page 14
A panel of Investigation Board members will receive training on this policy and its procedures and on investigation techniques. There will be joint training initiatives for management and staff on issues of dignity and respect at work.
Monitoring and Review
This policy and its procedures will be monitored and reviewed on
a regular basis to ensure its satisfactory operation. The Chairperson of
the Investigative Board will prepare an annual report for the Director
of Personnel, summarising the issues dealt with and the on-going effectiveness
of this policy and its procedures.
The procedures will be jointly reviewed by RTÉ and the TUG
to determine their continuing success. The Equality Adviser will be available
to assist this process. The issue of dignity at work/issues of harassment
may be placed on the agenda for Local Partnership meetings, but will be
discussed without individual cases being highlighted.
Any views which you may have on how this policy may be made more
effective are welcome.
Page14, Who are on the panel and who will train them and verify
their
suitability? Ditto re staff.
para 3, good that there will be an annual report on the policy -
a report for
the previous policy would be very useful at this stage to avoid
some of the
same pitfalls.
para4, what "success"? Who is The Equality Adviser? It is pointless
discussing
bullying at partnership meetings if the basic facts of individual
cases cannot
be discussed - discussion needs to be rooted in reality.
Last paragraph remains unchanged: "Any views which you may have
on how this
policy may be made more effective are welcome". What does this mean?
Will
useful suggestions be adopted and acted upon? Is "effective" intended
to mean,
"effective in resolving bullying problems fairly and speedily and
in
establishing and maintaining a pleasant, productive, bully free
environment
conducive to excellence of work performance"? If so, it is strongly
recommended
that this is plainly stated, in those or similar words.
In Wed.'s Dark Angel, a character dealt effectively with a problem
by shooting him dead. Meanings need to be made clear and explicit. We are
aware of current bad practice
world-wide.We have learnt to assume the worst and have a high prediction
success rate.
Vivette O Donnell
CaB.
01 2887976
Contact Person for Bully Watch RTE