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Vocational Education in Schools
D I R E C T O R A T E
stay safe @ work - Part 2
For students in NSW government
schools and TAFE NSW institutes
August 2004
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What is workplace violence?
◊ Workplace violence can be defined as “any
incident in which employees or others at the
place of work are threatened, abused or
assaulted. It is unpredictable, hostile, unjust or
unwarranted use of force and power against an
individual or property by another individual or
group”.
( Source: Managing Violence in the Workplace)
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Examples of workplace violence
and harassment
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Someone threatening to hurt you
Verbal abuse, shouting, intimidation and sarcasm
Spitting, throwing, defacing or destroying property
Constant criticism or denigration
Damaging someone’s reputation
Pushing, touching, shoving, hitting, punching or kicking
Pulling hair or any other parts of the body or clothing
‘Ganging up’ on a colleague
Inducing exhaustion through work overload
Blocking a workers promotion prospects without justification
Examples of workplace violence
and harassment ……..2
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Isolating and excluding someone
Initiation rituals
Deliberate insults through offensive pictures and
images
Stalking or loitering
Setting out to make a competent employee appear
incompetent or make someone’s life miserable in the
hope of them leaving work
Physical assault
Threats or threatening behaviour that is regarded as
offensive, aggressive or of a sexual nature
What is harassment?
◊ Harassment is offensive, belittling or
threatening behaviour directed at an individual
or group of workers. It consists of behaviour
that is unwelcome, unsolicited, offensive,
belittling, threatening, unreciprocated usually
(but not always) and repeated.
(Source: ‘Achieving a Harassment-Free Workplace’, Public
Service and Merit Protection Commission)
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Examples of harassment
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Bullying with sexual overtones
Bullying with racial overtones
Persistent shouting and swearing
Unreasonable threats of dismissal
Peer-to-peer bullying
Bullying by supervisors and managers
Making offensive noises
Making insulting remarks
Deliberate exclusion of a colleague
The Anti-Discrimination Act 1977
◊ In NSW it is against the Anti-Discrimination Act
for employees to be harassed because of:
– age
– sex
– pregnancy
– race
– marital status
– disability
– homosexuality
– transgender
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Types of harassment
◊ Sexual harassment
◊ Racial harassment
◊ Disability harassment
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Sexual harassment
◊ Sexual harassment is any form of unwelcome:
– behaviour
– attention
– material
that offends, intimidates or humiliates.
◊ Workplace sexual harassment is against the
law under the Sex Discrimination Act 1984
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Examples of sexual harassment
◊ Staring or leering
◊ Sexual gestures, kissing, hugging or any
other form of touching of a sexual nature
◊ Posters, graffiti, e-mail, letters, video and
cartoons with sexual overtones
◊ Sexual comments, taunts, propositions,
jokes and questions about sex life
◊ Requests for sexual favours
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Racial harassment
◊ Racial harassment is any form of unfair
treatment of people due to their cultural
background.
◊ The Racial Discrimination Act 1975 defines
racial discrimination as any act involving a
distinction, exclusion, restriction or preference
based on race, colour, descent or national or
ethnic origins of a person.
◊ Racial harassment/discrimination is against the
law.
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Examples of racial
discrimination/harassment
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Telling racist jokes
Making racist comments
Repeatedly mimicking one’s accent
Writing, painting or e-mailing offensive
messages or graffiti directed at one’s culture
◊ Interfering or attacking property because of a
person’s culture
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Examples of racial
discrimination/harassment…2
◊ Isolating a person by refusing to interact or
accept them because of their cultural
background
◊ Denying of information or access to promotion
and leave because of racial background
◊ Being given jobs that are not appropriate
because of cultural background
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Disability harassment
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Disability harassment occurs when a person is
discriminated against because of a disability.
A disability includes:
– physical disability
– physical illness or disease that makes, or has
made, any part of the body or brain work
differently
– mental or psychiatric disability - including any
behavioural disorder
– intellectual disability
– learning difficulty
Disability harassment..2
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– disfigurement or different formation of any part
of the body
– any organism in the body that could cause
disease or illness - for example, hepatitis with
no symptoms or HIV with no symptoms.
This form of harassment or discrimination is
against the law under the Race Discrimination Act
1992.
Examples of disability
harassment
◊ Being treated less favourably than others
because of a need to use palliative or
therapeutic devices or aids, using a wheelchair,
loud speaker phone or guide dog
◊ Abusive or overbearing behaviour towards
employees with intellectual disabilities
◊ Remarks made to employees who have made
a compensation claim
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Bullying
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A bully is defined as "a person who uses strength
or power to coerce others by fear" and that to bully
is to "oppress, persecute, physically or morally by
(threat of) superior force."
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Examples of bullying behaviour include unfair and
excessive criticism, publicly insulting victims,
ignoring their point of view, constantly changing or
setting unrealistic work targets and undervaluing
their efforts at work.
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What to do if being bullied or
harassed
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Recognise - what is being done to you?
Take action
Identify the bully or harasser
Keep records
Talk to people about it
Refrain from retaliating
Complain formally about the treatment
Your teacher, supervisor, manager or harassment
officer will contact an officer from the organisation to
discuss the situation.
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Facts about workplace violence
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It is more common than people think
It occurs across a broad range of industries and
workplaces
Both males and females are victims and
perpetrators of workplace violence
It is very costly for both victims and employers
It is the unacceptable misuse and abuse of power
It can develop from poor management or from
malicious intent or aggressiveness
Source: “A Secure Workplace for Young Australians”, WorkCover NSW
and the National Children’s and Youth Law Centre
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What are my rights at work?
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The law says that your employer must not harass
you or any of their employees at work. It also says
that they must do their best to make sure that there
is no harassment in their workplace. This means
that they must do their best to make sure that your
supervisor doesn't harass you, that your
workmates don't harass you, and that customers,
clients and any other people you have to deal with
at work don't harass you. They must do this
whether you are permanent, full-time, part-time,
casual or a voluntary worker.
Source: Anti-Discrimination Board, http://www.agd.nsw.gov.au/
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Further information
◊ WorkCover NSW
– http://www.workcover.nsw.gov.au/default
◊ Department of Commerce – Office of
Industrial Relations
– http://www.industrialrelations.nsw.gov.au/
◊ Anti-Discrimination Board
– http://www.lawlink.nsw.gov.au/adb.nsf/pag
es/index
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