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Safe and Respectful Behaviours Policy

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Section 1 - Purpose and Scope

(1) This policy applies to all UNE Representatives.

(2) The Work Health and Safety Act 2011 (S28) requires “workers” and “others” to “take reasonable care that [their] acts or omissions do not adversely affect the health and safety of other persons”.  The Work Health and Safety Amendment Regulation 2022 (S55C and S55D) requires UNE to manage psychosocial risks and implement control measures to eliminate or minimise psychosocial risks.

(3) This policy:

  1. promotes the creation and maintenance of a safe and respectful workplace;
  2. provides guidance on the prevention of unacceptable behaviours in the workplace; and
  3. promotes the principles of inclusion and belonging to ensure that all UNE Representatives feel safe and valued at work.

(4) In applying this policy, UNE is committed to recognising and valuing each member of the university community for their diversity.  The significance of Aboriginal and Torres Strait Islanders as the nation’s First Peoples is particularly acknowledged.

(5) Within this policy:

  1. Part A - states the principles of a safe and respectful workplace;
  2. Part B – states the behavioural expectations of UNE Representatives;
  3. Part C – provides guidance on behavioural expectations of others;
  4. Part D – provides guidance on behaviour that is inconsistent with a safe and respectful workplace;
  5. Part E – outlines roles and responsibilities; and
  6. Part F – refers to unacceptable behaviour resolution.
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Section 2 - Policy 

Part A -  Principles

(6) UNE is committed to a safe and respectful workplace in which all UNE Representatives are valued and supported.

(7) Everyone is responsible and has a duty of care for their own and others safety in the workplace. The behaviour of UNE Representatives is critical for the creation and maintenance of a safe and respectful workplace.

(8) UNE recognises that a safe and respectful workplace provides benefits to the organisation and its people, including:

   a. improved personal health and wellbeing;
   b. greater levels of Student and staff satisfaction and engagement;
   c. improved cross-cultural awareness;
   d. enhanced collaboration and teamwork;
   e. increased ability to attract and retain staff;
   f. higher workplace productivity, efficacy and task performance; and
   g. reduced workplace conflict and incivility.

Part B -  Behavioural Expectations of UNE Representatives

(9) UNE Representatives are required to interact with other people in a respectful manner that does not negatively impact on their health, safety and wellbeing. Safe and respectful behaviours include:

  1. treating people with dignity, courtesy and professionalism;
  2. recognising efforts and achievements;
  3. being constructive and considering our impact on people;
  4. being courteous, calm, and transparent in all interactions;
  5. actively practicing the principles of inclusion and belonging to ensure different experiences, skills, characteristics, and views on life are valued;
  6. taking responsibility for how we communicate verbally and non-verbally;
  7. behaving ethically;
  8. treating UNE Representatives, administering legitimate UNE processes, respectfully and constructively raising unacceptable behaviour in accordance with the relevant enterprise agreement or policy.

(10) When conflict arises, UNE Representatives are expected to:

  1. address matters in a timely manner and in accordance with the relevant policy, procedure and Enterprise Agreement;
  2. discuss concerns directly, where safe to do so;
  3. be solutions focused; and
  4. comply with applicable laws and UNE policies.

(11) UNE promotes and encourages active Bystander Intervention.

Part C - Behavioural Expectations of Others

(12) UNE may issue reasonable instructions to non-UNE Representatives at UNE about expected behaviours. This can include UNE Representatives issuing reasonable instructions to visitors, guests and contractors.

Part D - Behaviours Inconsistent with a Safe and Respectful Workplace

(13) Unacceptable behaviour is behaviour which is inconsistent with a safe and respectful workplace. Examples of unacceptable behaviour include, but are not limited to, the following:

   a. gossiping, harmful comments or breaching confidentiality (disclosing information regarding a formal complaint or disclosing personal information);
   b. discriminatory or derogatory comments;
   c. violence or the threat of violence of any kind, including being physically intimidating, using aggressive hand gestures, assault, or invading the personal space of others;
   d. behaving in a rude, aggressive, or threatening manner, whether in person, via email, social media, telephone, or in any other way;
   e. sending demanding, rude, confronting, or threatening letters, emails, or text messages;
   f. bullying, isolating, excluding, ignoring, undermining, inappropriate blaming and victimisation;
   g. actively causing frustration by procrastination, withholding information, purposeful silence or avoidance through passive-aggressive behaviours;
   h. sexual harassment and assault;
   i. using social media or public forums to make inappropriate or threatening remarks;
   j. vexatious or malicious complaints made with the intention of harassing or annoying the recipient or frustrating a process, rather than to address a genuine issue or concern; and
   k. demonstrating lateral aggression, antisocial behaviour, rude, dismissive and impolite behaviours violating workplace norms or behaviour.

(14) People Managers are obliged, when necessary, to undertake reasonable management action by providing feedback and guidance to employees to help improve work performance and/or behaviours as part of their role.

Part E - Roles and Responsibilities

(15) UNE will support UNE Representatives by:

   a. providing training on safe and respectful behaviours;
   b. ensuring clear guidance is made available to UNE Representatives about safe and respectful behaviours;
   c. implementing reporting and investigation mechanisms to assist with identification, response and management or risks to health and safety manifested by psychosocial risk;
   d. implementing risk assessment processes to assist with management and control of psychosocial risk;
   e. monitoring presentation, impact and management of psychosocial risk to facilitate continuous improvement;
   f. promoting a positive work culture, diversity and inclusion, teamwork and collaboration.

(16) Table 1 states the roles and responsibilities of all UNE Representatives in relation to this policy.

Table 1

Role
Responsibility
All UNE Representatives
Take reasonable care that their behaviour does not adversely affect the health and safety of others in the workplace (WHS Act 2011 (NSW)).
Comply with the Code of Conduct and all UNE policies.
Raise unacceptable behaviour through the appropriate channel.
Actively participate in training offered or supported by UNE that relates to safe and respectful behaviour.
Recognise their role in contributing to workplace culture.
Monitor and take responsibility for their own behaviour and how they communicate with others in the workplace.
Behave in a manner that contributes to a positive workplace culture and does not negatively impact on workplace culture.
Recognise differences, and that behaviour that does not offend one individual may be offensive to other people.
Exercise freedom of speech, and academic freedom in a way that complies with the law and UNE policies and does not harm others in the workplace.
Seek advice from their line manager, or People and Culture, if they do not understand any clause in this policy or related policies.
Raise and attempt to resolve issues relating to the unacceptable behaviour as early as possible, in a respectful and cooperative manner, where it is safe to do so.
Report unacceptable behaviour of another person they directly observe in the workplace in accordance with the relevant UNE policy.
Maintain confidentiality and sensitivity in relation to reports of unacceptable behaviour and observe principles of natural justice.
Ensure that a person is not victimised for making, or being involved in, a report of unacceptable behaviour.
Table 2 states the roles and responsibilities of specific UNE Representatives in relation to this policy. These responsibilities apply to these UNE Representatives in addition to those in Table 1.

Table 2

Role
Responsibility
UNE Representatives who are people managers
Model safe and respectful behaviour.
Proactively adopt strategies to prevent unacceptable behaviours, including seeking advice from People and Culture.
Monitor the workplace:
* to ensure safe and respectful behaviours are observed;
* for signs of unacceptable behaviour;
* for changes in employees that may indicate mental ill health Wellbeing Hub – See Healthy Leaders)
* to identify drivers and risks of unacceptable behaviour, including unreasonable workload and demands, complex work projects, and conflicting personalities.
Take reasonable steps to prevent unacceptable behaviour, including:
* communicate team and UNE expected behaviour;
* be transparent in decision making;
* include check-ins with staff to assist in creating the environment for safe and open conversations on identfied risks;
Ensure performance planning and review meetings take place in accordance with UNE requirements and ensure relevant training is provided.
Take prompt action to address unacceptable behaviour when it is witnessed with the individual/s displaying the unacceptable behaviour. Assistance can be obtained by contacting a People and Culture Business Partner.
Listen and treat all reports of unacceptable behaviour seriously, assess contributing factors and take prompt and appropriate action.
Take all reasonable steps to ensure that victimisation of either a complainant or a respondent does not occur.
Promote awareness of this policy and require all employees to exercise their responsibilities.
People and Culture -Business Partners and Work Health and Safety
Provide operational support and guidance to all stakeholders for effective implementation and ongoing application of this policy.
Facilitate appropriate reporting and response strategies where escalation of serious matters is indicated.
Conduct periodic monitoring and analysis of relevant data.
Director People and Culture
Implement this policy.
Monitor the efficacy of this policy.
Facilitate appropriate reporting and response strategies where escalation of serious matters is indicated.
Ensure appropriate resourcing within People and Culture to implement and apply this policy.
Chief Operating Officer Report quarterly to the Executive Team on efficacy of this policy.
Vice-Chancellor and Chief Executive Officer  Report annually to the Audit and Risk Committee on the efficacy of this policy.

Part F - Dealing with Unacceptable Behaviour

Hazard and Incident Reporting

(17) Harmful workplace behaviour is a WHS hazard and should be reported in accordance with WHS P007 Incident/Hazard Reporting and Investigation Protocol.

Reporting Unacceptable Behaviour

(18) Where either the

   a. UNE Academic and English Language Teaching Staff Enterprise Agreement 2020-2022, or
   b. UNE Professional staff Enterprise Agreement 2019-2022
applies, the complaint process in the enterprise agreement will be followed to report unacceptable behaviour.

(19) Where the Complaints Policy - UNE Representatives not covered by Enterprise Agreements applies, the process in that policy will be followed to report unacceptable behaviour.

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Section 3 -  Authority and Compliance

(20) The Vice-Chancellor and Chief Executive Officer (VC&CEO) makes this policy in accordance with Section 29 of the University of New England Act 1993 (NSW).

(21) The Policy Steward for this policy is the Chief Operating Officer who is authorised to make and publish as

associated documents any tool that will assist with compliance.

(22) UNE Representatives must observe this policy. Non-compliance with this policy may constitute a breach of the Code of Conduct and may be addressed under the disciplinary provisions of the relevant enterprise agreement. UNE may also take other forms of action as allowed under relevant legislation.

(23) This policy is made pursuant to the Work Health and Safety (WHS) Rule and supports UNE to comply with obligations under Work Health and Safety Act 2011 and Work Health and Safety Amendment Regulation 2022.

(24) This policy operates from the Effective Date.

(25) Notwithstanding the other provisions of this policy, the VC&CEO may approve an exception to this policy where the VC&CEO determines the application of this policy would otherwise lead to an unfair, unreasonable or absurd outcome. Approvals by the VC&CEO under this clause must:

   a. be documented in writing;
   b. state the reason for the exception;
   c. not be contrary to the provisions of this policy; and
   d. be registered in the approved UNE electronic Records Management System (RMS) in accordance with the Records Management Rule.
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Section 4 -  Quality Assurance

(26) The Chief Operating Officer will report on a quarterly basis to the Executive Team as set out in Table 3.

Table 3: Reporting

 
Number and nature of psychosocial hazards registered and resolved, and associated trends across the organisation.
Number and nature of staff complaints and grievances lodged and resolved.

(27) The VC&CEO will report to the Audit and Risk Committee annually on compliance with relevant legislation and this policy.

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Section 5 - Definitions Specific to this Policy

Bystander Intervention – means a bystander who chooses to attempt to influence the situation in a positive manner, while taking into consideration their own safety and wellbeing, and the consequences of their actions upon others.
Confidentiality – refers to maintaining the privacy of another party’s information or a process.
Conflict – a disagreement or clash between two or more people that can lead to negative emotions and behaviours.
Ethical Behaviour – Conduct or the demonstration of behaviours contrary to the Code of Conduct, Conflicts of Interest Policy, the Fraud and Corruption Control Policy or other University policies and procedures.
Incivility - is low-intensity deviant behaviour with unclear intent to harm the recipient. It includes, but is not limited to,being rude, dismissive, impolite, violating workplace norms of behaviour, lateral aggression, and antisocial behaviour. It includes verbal abuse, shouting, raising a voice in hostile manner, using insulting and disgracing words, disrespectful tones, impoliteness, sarcasm, and humiliation. Non-verbal abuse includes raising of eyebrows, rolling of eyes, scowling, creating physical distance, excluding someone from conversations. Lack of support for colleagues, undermining colleagues, refusing to communicate with an individual, impatience with colleagues’ questions, and manifesting a negative attitude, all of which negatively impact on a safe and respectful workplace.
Lateral-Aggression (Violence) - Lateral violence is not just an individual’s behaviour. It often occurs when a number of people work together to attack or undermine another individual or group. It can also be a sustained attack on individuals, families or groups. Lateral violence includes: gossiping, personal put downs, jealousy, bullying, shaming, social exclusion or shunning, family feuding, organisational conflict, physical violence.
Passive-Aggressive behaviour - a pattern of indirectly expressing negative feelings instead of openly addressing them. There is a disconnect between what a person who exhibits passive-aggressive behaviour says and what they do.
People Managers – UNE Representatives with line management responsibilities for the staff reporting to them, and/ or have control over a project or program of work.
Reasonable Management Action – See Fair Work Commission – Reasonable Management Action.
Victimisation - involves retaliatory action, or the threat of such action, against a person because they have asserted, or intend to assert, their rights under the law, or because another person thinks that they have. A person can also be victimised if they help someone else to assert their rights (for example, by being a witness).
Workplace - is any physical or online location in which the UNE Representative engages in UNE-related activities. This can mean official university premises and public locations and online forums. Work-related activities include conferences, training, work social functions, events and business or field trips. It means a place (including vehicle, vessel aircraft or other mobile structure) where work is carried out for a business or undertaking and includes any place a worker goes or is likely to go while at work.