Phase 1 of Investigation of "Workplace Conduct in CSIRO. (August 14, 2013)

Allegations of "Workplace Bullying and Other Unreasonable Behaviour" within CSIRO resulted in an independent investigator, Emeritus Professor Dennis Pearce, to undertake an investigation into the matter.

The investigation was begun on February 26, 2013 and the report of its phase 1 was presented to CSIRO Board Chair, Simon McKeon and CSIRO Chief Executive, Dr Megan Clark on July 31, 2013.

110 submissions relating to 130 discrete allegations were received (see Chapter 3 for an overview of the submissions received). We have examined these submissions by taking a statement from the person making the submission and obtaining relevant material from CSIRO. We note that CSIRO has cooperated in making material available to us.

The report notes that to date the individuals accused in the submissions have not been approached for their sides of the events and therefore the current report is:

based mainly on the information provided by persons who have made submissions and on our examination of relevant CSIRO records. However, some of the allegations have been tested during prior investigations (formal and informal) and we have taken that into account in our assessments. We have also had regard to current CSIRO policies and procedures.

In Phase 2 of the Investigation we will conduct a full investigation of the submissions made to the Investigation by former employees about the conduct of current employees whose cases we consider reveal a possibility of demonstrating that the former employee was the subject of bullying or other unreasonable behaviour.

[In regard to current employees] we have made specific recommendations to CSIRO in each case as to the manner in which their concerns should be dealt with and we make general recommendations in this Report relating to the implementation of the grievance and misconduct procedures.

The report emphasises the following four points:

• On the evidence before us there is no major problem of workplace bullying or other unreasonable behaviour in CSIRO and it is definitely not possible to describe the work culture at CSIRO as ‘toxic’. There are pockets of concern and these need to be dealt with;
   

• The matrix operating model, the process for staff allocation to projects, funding pressures, performance management and redundancy processes involve stressors which contribute to poor behaviour. It is alleged that these operational processes are sometimes used as forms of workplace bullying and other unreasonable behaviour;
   

• There are shortcomings in CSIRO’s policies and procedures for responding to complaints about workplace bullying and other unreasonable behaviour; and
   

• The application of the procedures for dealing with workplace bullying and other unreasonable behaviour has not been satisfactory. While we do not think it to be the case, it is possible that these procedural issues have served to mask a more significant incidence of workplace bullying than the evidence to us reveals. We make recommendations as to the way in which allegations of bullying and other unreasonable behaviour should be managed and we suggest that these recommendations need prompt attention by CSIRO.

The report also draws attention to the fact that: "We have noted a number of pressure points within the operating model and the nature of the workforce which increase the risk of bullying and we have seen aspects of the Organisation’s response to workplace bullying that concern us. These concerns emerge most clearly in particular submissions, and groups of related submissions, that we have received. ...Fundamentally, however, what [is] require[d] is a shift in CSIRO’s practical approach from dealing with workplace bullying as an individual victim’s problem, to dealing with it as the Organisation’s problem... We encourage CSIRO to make a small but very significant shift. We encourage CSIRO to make each and every instance and report of workplace bullying the Organisation’s problem.

The report then gives this "practical" advice:

• Continuation of the promotion of early and quick informal resolution as the first response, but couple this with improved monitoring of informal complaints and resolutions, so that the Organisation can respond more formally if there is repeat offending behaviour;
   

• Workplace bullying complaints, that cannot be resolved quickly and informally or that are more complex (including repeat offences) should be investigated and addressed by the Organisation through misconduct procedures, rather than by the victims through grievance procedures. There has been an over reliance on grievance procedures to deal with workplace bullying and we discuss this in Chapter 7;
   

• A review and changes to policies and procedures for responding to workplace bullying (see Chapter 6);
   

• Consistent enforcement of the Code of Conduct, with the same intolerance of proscribed conduct no matter the level at which it occurs, the ‘personalities’ involved or the work area; and
   

• Proactive monitoring by CSIRO of the implementation and outcome of resolutions of workplace bullying complaints, so that responsibility for ensuring the outcomes are implemented and required changes in behaviour are sustained rests, in real terms, with the Organisation, rather than with the individual.

The full list of 34 recommendations begins on page XII and the organisation's chief executive, Dr Megan Clark has accepted them all.

Just how they will be adopted remains to be seen.

Perhaps the report may be summarised: "[while] there is no major problem of workplace bullying or other unreasonable behaviour" it is nevertheless significant and it must be addressed and eliminated.

Or perhaps just: How do you define major?

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