This paper is based on the topic of workplace harassment and bullying. Workplace harassment and bullying entail a critical well-being and compliance challenge to the Australian workplaces, both in the public and private sectors. In the recent past, the legal framework related to workplace bullying has continued to crystallize and hence the need to address the human resource challenges (French, Boyle, " Muurlink, 2015). This paper presents a case study on Winslow Constructors (Vic) Pty Ltd Australia. Winslow Constructors is domiciled in Victoria and is one of the leading civil engineering companies in the state and in the country. The company manages civil engineering construction and design projects for private developers, corporate property developers, and for the government. The civil engineering construction products include bridge construction, bulk earthworks, residential subdivision, road construction and maintenance, land remediation and industrial and commercial sub-divisions. The company has over 217 employees working under four brand names including Trafman Solutions, CCA Winslow, YVE and Survey Management solutions (SMS) (Winslow Constructors Australia, 2018).
My relationship with the organisation
My relationship with the organisation is that of a former employer. I worked at Winslow Constructors (Vic) Pty Ltd Australia as an HR intern for six months before joining college. The company is a great place to work in particular the exposure in human resource management compliance unit. During the tenure, I reported to the human resource manager under the CCA Winslow brand.
The choice of Winslow Constructors (Vic) Pty Ltd Australia
The choice of Winslow Constructors (Vic) Pty Ltd Australia is based on three primary reasons. Firstly, Winslow Constructors represents a typical case study of workplace bullying based on the case Mathews v Winslow Constructors that happened in 2015 (Mathews v Winslow Constructors (Vic) Pty Ltd, 2015). Secondly, the organisation is dynamic in its operations and culture since Winslow Constructors group is formed by four brands delivering three product lines and hence need to address how employees deal with each other. Thirdly, the organisation operates through its employees and also through sub-contractors and this aspect exposes the company to misconduct liabilities that may arise in the course of interactions between Winslow Constructors (Vic) Pty Ltd Australia’s employees and the employees of the subcontractors. Fourthly, there company’s workforce comprises of highly-skilled professionals working as engineers all the way to down low-skilled labourers. Therefore, there are high chances that the senior professionals may harass and bully the low-skilled labourers.
Workplace harassment and bullying
Workplace harassment and bullying exposes the affected employees to psychological injuries and hence impacting the company’s organisational effectiveness negatively, particularly when it comes to compliance with safe work-place regulations (Potter, Dollard, " Tuckey, 2015). In January 2016, an employee who was working for Winslow Constructors (Vic) Pty Ltd Australia as a labourer sued the organisation for extensive bullying, harassment and sexual abuse by other employees. The complainant was awarded $1.3 million for the psychological damages inflicted on her, loss of earning ability and past economic losses. Based on the workplace study conducted by the Australian government, every one of ten employees experiences workplace harassment and bullying and hence the need to tackle the challenge in Winslow Constructors (Vic) Pty Ltd Australia to avoid further litigation losses and reputational damage.
Human Resource Issue
Harassment and bullying in the workplace gained popularity and formal recognition as a workplace problem in the 1990s (Rayner et al., 2001). ACAS notes that there is little difference between the terms are often used interchangeably even though there are more distinct definitions of the two terms (ACAS, 2007). Bullying is characterized by behaviours such as misuse of power, intimidating and abusive behaviours, offensive tendencies meant to injure, undermine and humiliate the victim. On the other hand, harassment generally refers to behaviours or conduct that undermines the dignity of colleagues in the work environment. Harassment is usually related to aspects such as religion, personal traits, sex, nationality, physical conditions, race and age and is characterized by actions and comments that are unacceptable to the victim (ACAS, 2007). Within, the Winslow Constructors (Vic) Pty Ltd Australia, workplace bullying and harassment is common.
In the past, the existence of various forms of harassment and bullying has been identified in form of sexual harassment and extensive abuse of an employee by colleagues. For instance, Kate Mathews experienced sexual harassment, abuse and bullying from colleagues while working for Winslow Constructors (Vic) Pty Ltd Australia in the various construction projects. During the two year period she worked or the company, it was established that she was repeatedly harassed sexually by her male colleagues working for both Winslow Constructors and subcontractors. Kate Mathews endured sexual harassment on a daily basis in form of being exposed to pornographic materials and being harassed to do what was shown in the indecent materials. Moreover, the employee was subjected to questions about her sex life, with colleagues acting out sexual towards her. Bullying has also been noticed in the past where employees are labelled and called demeaning words such as “useless”, “spastic”, and “bimbo”. These occurrences are a human resources challenge that portrays failure of the code of conduct and respect among employees. What makes the issue a concern is that the harassment and bullying continued for over two years without being brought to the limelight. Mathews could not speak up to the foreman about the issue since he was also responsible for harassment and bullying.
There are various reasons why workplace harassment and bullying is a challenge in Winslow Constructors (Vic) Pty Ltd Australia. Firstly, employers have an obligation to protect the employees and provide a conducive environment that supports both physical and psychological wellness. According to Mullins (2005), the employers' responsibilities include identification and management of bullying and harassment in the workplace based on the concept of a psychological contract that demands a mutual respect, understanding and satisfaction of needs within the confines of the employee-employer or organisation-people relationships (Mullins, 2005). Therefore, employers must ensure that there is genuine concern and care extended to the employees of an organization by the employer, specifically those in charge of human resource function (Stalker, 2000). Winslow Constructors (Vic) Pty Ltd Australia paid $1.36 million in compensation for failing to uphold this duty towards Kate Mathews.
Secondly, bullying and harassment is a challenge because it has dire negative consequences on both the affected individuals and the organisation at large (Namie " Namie, 2009). According to Mayhew " Chappell (2001), bullying and harassment increase the cost of doing business and depresses productivity. The evidence of the negative consequences of bullying and harassment was established in the case Mathews v Winslow Constructors (Vic) Pty Ltd (2015). The victim developed serious psychiatric injuries as a result of the abuse which led to a series of medical interventions and treatment. Eventually, Ms Mathews could not continue working and had to quit her job. The judge noted that the effects of bullying and harassment would continue to diminish the quality of her life even long after the acts had stopped. The following table provides details of the damages compensated in the sum of $1.36 million. Despite the fact that Mathews was harassed and bullied for only two years, she could not work thereafter and was compensated for six years of lost productivity in the past and the remaining years till her retirement age.
Compensation
Amount Awarded
Gross Damages
$380,000
Loss of productivity in the past
$283,942
Loss of future earning capacity
$696,085
Total Compensation
$1,360,027
Table 1.0: Mathews Compensation Package (Mathews v Winslow Constructors (Vic) Pty Ltd, 2015)
Thirdly, as noted by various scholars, the fight against workplace bullying and harassment is hindered by lack of universal definition and clarity as to what constitutes bullying and harassment (Bartlett " Bartlett, 2011). Consequently, the issue remains a silent epidemic in many organisations and victims do not speak up because they fear to lose their jobs and suffering more humiliation from colleagues and the society (Turner, 2018). According to Tuckey (2015), workplace bullying is like a "cancer" and affects the majority of the employees during their tenure in different organisations. Moreover, Tuckey (2015) notes that there is no simple way or a quick fix to the "silent epidemic" and hence need for rigorous approaches in tackling the issue in Winslow Constructors (Vic) Pty Ltd Australia.
Recommendations
The Winslow Constructors (Vic) Pty Ltd human resource management and the organisation at large should embrace more proactive ways of managing harassment and bullying among the employees. The organisation should incorporate mechanisms of identifying bullies and potential bullies right from the recruitment process. This section provides recommendations on various aspects such as the forms of bullying and harassment, the likely frequency of bullying and harassment occurrences, the likely time period within which employees may suffer harassment, the structure of job demands and human needs and the most vulnerable points in the employee-organisation interaction where bullying and harassment has the highest chances of occurring, understanding the most vulnerable employee groups and
1. Based on forms of bullying and harassment
Bullying and harassment are usually perpetrated through various channels and methods. Figure 1.0 below shows the most common types of harassment and bullying adopted from the workplace bullying and harassment survey barometer project (French, Boyle, " Muurlink, 2015). The Winslow Constructors (Vic) Pty Ltd’s human resource policy, as well as the group code of conduct, need to thoroughly address these eight areas. Firstly, it is paramount to nurture a communication culture based on courteous and respectful communication regardless of job position. Since yelling and searing mostly happen in the context of disagreements and arguments, the policy should prohibit personal confrontations and instead provide vertical and horizontal channels of conflict resolution (Howard, 2017).
Figure 1.0: Forms of workplace harassment and bullying (French, Boyle, " Muurlink, 2015)
The policy should stress the use of words such as "kindly", "please" and "sorry". Likewise, the HR policy should recommend handling all sensitive matters in private rooms to avoid humiliating employees in front of other colleagues. The policy should stress the use of proper professional language and particularly abolish the use of sexual humour in workplace conversations (Howard, 2017).
As indicated on figure 1.0 above, yelling at colleagues, public humiliation, and physical assault by clients and bullying through sexual humour accounts for the highest percentage i.e. over 75% of the most prevalent workplace bullying and hence for permanent efforts imbibed in organisational policies and code of conduct (French, Boyle, " Muurlink, 2015). The issues should also be clearly articulated in the contract terms with all subcontractors, suppliers and stakeholders. Unfair treatment, racism, sexual advances and physical assault accounts for about 25% of workplace bullying behaviours and should not be taken lightly either. For instance, the case Mathews v Winslow Constructors (Vic) Pty Ltd largely involved sexual advances and misconduct and led to a payment of $1.36 million. These two should be defined in the company policy. Violation of the policy should attract strict disciplinary actions including dismissal (Howard, 2017).
Another key recommendation Winslow Constructors (Vic) Pty Ltd human resource management needs to embrace is the provision of work-related channels of communication such as email platform and mobile phones. This recommendation seeks to eliminate, as much as practicable, the use of personal communication channels which are prone to unprofessional behaviours, language and sharing of inappropriate sexual content. Moreover, all work-related channels should be fitted with security features that filter inappropriate content and certainly rude and sexual connotations. In addition, work-related calls, emails and text messages should be monitored and reviewed randomly to act as a deterrence to workplace online bullies (Lugaresi, 2010).
Physical interactions and sexual behaviours, whether forced or consented, should be monitored remotely throughout the workplace and beyond. In order to do this, it is recommended that CCTVs should be installed within all quarters in the workplace including washrooms, stores, car park, the yard and offices. Monitoring of the workplace in this manner would provide crucial and timely information of potential and actual instances of harassment and bullying happening in form of physical assault and sexual activity (Lugaresi, 2010).
2. Based on Fear to Speak up
As observed earlier on, Tuckey (2015) highlighted that many employees fear victimization after speaking up about instances and incidences of bullying and harassment. Legally, employers have a duty to protect the employees' physical and psychological well-being while on official duties. The hefty payment of $1.36 million paid by Winslow Constructors (Vic) Pty Ltd was based on failure to protect the complainant. It is recommended that the organisation sets up different speaking-up channels that will help capture the daily, weekly and monthly cases of harassment and bullying (Solon, 2014).
Figures 2.0 and 3.0 below shows the percentage distribution of general workplace frequency and duration of harassment and bullying adopted from the workplace bullying and harassment survey barometer project conducted in Australia (French, Boyle, " Muurlink, 2015). The following speak-up channels should be established.
Figure2.0: Frequency of workplace bullying (French, Boyle, " Muurlink, 2015)
Figure 3.0: Period/durations of harassment and Bullying (French, Boyle, " Muurlink, 2015)
The following speak-up channels should be established.
(a) Speak-up telephone number – The contact should be dedicated to reporting harassment and bullying incidences. The reported incidences should be treated with utmost confidentiality to ensure that the bullies are not tipped off as the investigations are ongoing.
(b) Speak-up email address – The email address serves the same purpose as the telephone number and the choice depends on the offended parties.
(c) Speak-up website – The website provides anonymous interaction between the human resource management and the employees and provides a live chat reporting of incidences of harassment and bullying including options to upload any content such as inappropriate pictures used, threatening and abusive emails, recorded telephone conversations, sexually explicit content used etc.
All employees should be encouraged to use the channels to report instances of harassment and bullying directed to individuals, groups, departments, or witnessed occurrences within the workplace. Employees can report anyone from the CEO to the support staff. Only designated human resource personnel can view the complaints sent through the channels. The frequency of checking for messages will be daily to curb a repeat of the incidences. In addition to the speak-up channels, monthly wellness surveys will be conducted to evaluate the employees’ psychological well being and the nature of working relationships within different units.
3. Based on Pursuit of employee wellness
Employee wellness needs to be at the core of the human resource agenda both in the short-term and long-term. This recommendation is based on the trajectory of events along the motivational/health erosion pathway (Neall " Tuckey, 2014). According to the Neall " Tuckey (2014), the career motivational pathway is also the health erosion pathway as shown in figure 4.0 below. The employees join Winslow Constructors (Vic) Pty Ltd in a sound psychological state. After getting the jobs, job demands including psychological and emotional demands as well as job resources such as rewards, supervisors, and job control contribute to declining health and well-wellness facilitated by workplace bullying and harassment. The result of the motivation path is job satisfaction, work engagement, and motivation to leave. On the other hand, the health pathway leads to depression, emotional exhaustion, and psychological distress.
It is recommended that human resource management should incorporate wellness and health programs as part of career growth and development. The programs should aim at developing holistic professionals and empowering employees at all levels of the organisational hierarchy. Above providing formal training on technical skills, the HR programs should equally emphasize soft skills such as effective communication, interpersonal skills, emotional intelligence and building professional relationships.
Figure4.0: Health erosion/career motivational pathway (Neall " Tuckey, 2014)
Conclusion
Workplace bullying and harassment can lead to serious psychological injuries among the victim employees portrayed in form of depression, panic attacks, and other stress-related illnesses such as heart attack. Consequently, the safe workplace safety regulations issued by the government continues to crystallize and this is increasingly empowering employees and regulators to hold employers accountable for breach or negligence in eliminating bullying and harassment in the workplace. Among the recommended methods of managing, eliminating and preventing bullying and harassment includes emphasis in the policy and code of conduct, health and wellness programs, employee empowerment, monitoring the workplace channels through security software and CCTV cameras and the introduction of speak-up channels.
References
Mathews v Winslow Constructors (Vic) Pty Ltd, VSC 728 (THE SUPREME COURT OF VICTORIA December 17, 2015).
French, B., Boyle, M. V., " Muurlink, O. (2015). Workplace Bullying in Australia: The Fair Work Act and its impact. NZJHRM, 14(2), 69-81.
Howard, R. (2017, September 29). Is your workplace run by bullies? Retrieved October 4, 2018, from Human Resource Director (HRD): https://www.hcamag.com/hr-news/is-your-workplace-run-by-bullies-241895.aspx
Lugaresi, N. (2010). Electronic privacy in the workplace: Transparency and responsibility. International Review of Law, Computers " Technology, 224(2), 163-173.
Neall, A. M., " Tuckey, M. (2014). A methodological review of research on the antecedents and consequences of workplace harassment. Journal of Occupational and Organizational Psychology(87), 225-257.
Potter, R. E., Dollard, M. F., " Tuckey, M. R. (2015). Bullying and Harassment in Australian workplaces; Results from the Australian workplace barometer project 2014/2015. Safe Work Australia.
Solon, R. (2014, January 13). Strategies to Stop Workplace Bullying. Retrieved October 4, 2018, from CPI: https://www.crisisprevention.com/Blog/January-2014/Strategies-to-Stop-Workplace-Bullying
Tuckey, M. (2015). Like a ‘cancer’ of the workplace, bullying is a symptom of dysfunction.
Turner, R. (2018, March 16). Australian workers 'grin and bear' it in silent workplace bullying epidemic. Retrieved October 4, 2018, from ABC News: http://www.abc.net.au/news/2018-03-16/workplace-bullying-an-epidemic-so-what-is-a-safe-workplace/9552456
Winslow Constructors Australia. (2018, October 04). About our services in Detail. Retrieved October 2018, 2018, from Winslow Constructors Australia: https://www.winslow.com.au/
