FAQ’S – Dignity at Work
What is Harassment?
Harassment is defined as any act or conduct (including spoken words, gestures, or the production, display or circulation of written words, pictures or other material) if the action or other conduct is unwelcome to the recipient and could reasonably be regarded as offensive, humiliating or intimidating.
Forms of Harassment
Sexual Harassment – Any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment.
Harassment (non sexual) – Any form of unwanted conduct on the 9 grounds of the Employment Equality Acts 1998-2007. These grounds are gender, marital status, family status, race, age, religious belief, sexual orientation, disability or membership of the traveller community.
Many forms of behaviour may constitute harassment including:
Written harassment – including notes, texts, emails or notices;
Verbal harassment – jokes, comments;
Physical harassment – jostling, shoving or any form of assault
Visual harassment – displays such as posters, signs or other images;
Intimidating harassment – gestures or threatening poses;
Isolation or exclusion from social activities;
Harassment may consist of a single incident or a series of more minor incidents or repeated inappropriate behaviour.
What is Bullying?
Workplace bullying is defined as repeated, inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place or work or in the course of employment.
Bullying is behaviour which is systematic and on-going. Bullying undermines self-confidence and may cause individuals considerable stress and anxiety.
How do I distinguish between Bullying and other Workplace Behaviour?
It is important to distinguish bullying from:
1) The proper exercise of authority (including proper criticism of work performance or behaviour) with a view to improving performance
2) Normal acceptable interaction in the workplace
The proper exercise of management and supervision, constructive or fair criticism of an employee’s conduct or work performance by a line manager/supervisor does that constitute bullying.
Bullying at work does that not include reasonable and essential action arising from the management of the performance of an employee at work or actions taken, which can be justified as regards the safety, health and welfare of employees.
I feel like I am being Bullied/Harassed, what can I do?
An employee who considers that they have been the subject of bullying or harassment can seek information in the strictest of confidence from their manager/supervisor, HR, the Chief Financial Officer or a Trade Union Representative. These people will be available to provide information and support to the employee.
These individuals will explain the procedures in place for handling complaints. A complaint should be made within 6 months of the alleged incident. In some exceptions, the Chief Financial Officer/Head of HR may extend the time limit to a period not exceeding 12 months.
What is DPD’s Procedure for Complaints?
There is both an informal and formal procedure to deal with issues of bullying/harassment at work. As soon as the Manager/Supervisor or Trade Union Representative is made aware of the complaint, it should be referred to the Chief Financial Officer/Head of HR.
All complaints will be dealt with seriously and with due regard to the sensitivities of the complainant. DPD will respond promptly to complaints and will deal with complaints in an effective and supportive manner.
What is the Informal Procedure?
Employees who believes he/she is being bullied or harassed should first attempt to resolve the problem informally where possible. This can offer solutions which are speedy, effective and minimise conflict and stress for the individuals involved. If the employee finds it difficult to communicate his/her concerns they should communicate through another party, e.g. a manager/supervisor, member of HR or a trade union representative.
If the informal procedure fails to stop the offensive behaviour, a formal complaint should then be made.
What is the Formal Procedure?
A formal procedure may be used when there is no resolution through the informal procedure. The formal procedure involves an investigation to determine the facts of a complaint of bullying or harassment and to make findings in relation to the allegations made. Any incident of bullying or harassment reported in this way will be handled with fairness and in a sensitive and confidential manner.
An employee will not be victimised for making a complaint in good faith, or for giving evidence in proceedings, or by giving notice of intention to do so.
How do I make a complaint?
The complainant should make a formal complaint in writing which must be signed by the complainant to one of the following:
His/her Manager/Supervisor
The Chief Financial Officer/Head of HR
Relevant Trade Union Representative
What should my complaint include?
A formal complaint, as far as possible, must contain:
Clear, specific allegations against names individuals;
Whether the complaint is about bullying or harassment;
Dates and times of incident(s)
Names of witness(es), if any;
Factual descriptions of incident(s);
Direct quotes, if they can be recalled;
A brief description of the context of each incident;
Any other documentary evidence;
A formal complaint must be forwarded by the Manager/Supervisor or the trade union representative to the Chief Financial Officer/Head of HR insofar as possible within 3 working days.
What happens once I have made a formal complaint?
On receipt of the written complaint the Chief Financial Officer/Head of HR will acknowledge receipt of the complaint. The person complained of will be notified in writing of the nature of the complaint, given a copy of the formal complaint, and advised that he/she will be afforded every opportunity to respond to the allegations made.
The complainant and person complained of will be written to informing them that an investigation will take place.
What does the investigation process involve?
During the investigation, the investigator will interview the complainant, person complained of and any relevant witnesses. All parties will have the right to be accompanied at the investigation meeting by a work colleague or trade union representative.
During the investigation, in accordance with fair procedures, the complainant and the person complained of will be given a copy of the record of the other’s investigation meeting notes. The complainant and the person complained of will also be given copies of any witness statements. Insofar as is possible the investigation will be concluded within 45 days commencing with the assignment of the investigator(s).
On completion of the investigation, the investigator(s) will prepare a report in which he/she will make findings in relation to the allegation(s) of bullying or harassment. The report will be sent to the Chief Financial Officer/Head of HR, who will be responsible for informing both parties of the findings of the investigation within 7 days of receipt of the report. Both parties will be given a copy of the report and will have the opportunity to comment on the findings before any action is decided upon by management.