Purpose and Objectives
Company is committed to creating a work environment which is free from discrimination and sexual harassment and where all members of staff are treated with dignity, courtesy and respect. We have developed a policy on discrimination and sexual harassment, provide regular staff training on discrimination and sexual harassment, and have procedures for complaints.
The objectives of this policy are to:
- Ensure the health, safety and welfare of all workers by providing a safe working environment free of harassment and bullying;
- Ensure that all workers are not harassed or bullied at any time in their employment with Company; and
- Achieve compliance with legislative requirements.
Scope/Coverage
This policy applies to all staff:
- full time, part time, casual, permanent or temporary;
- contract or commission workers;
- volunteers, vocational and work experience placements.
It applies to staff in all their work-related interactions with each other, and with customers, contacts or clients.
It applies to staff while in the workplace or off-site, at work-related functions (including social functions and celebrations), while on trips and attending conferences.
DEFINITIONS
What is Workplace Bullying?
Workplace bullying is the “repeated less favourable treatment of a person by another or others in the workplace, which may be considered unreasonable and inappropriate workplace practice.” It includes behaviour that intimidates, offends degrades or humiliates a worker, possibly in front of co-workers, clients or customers. Bullying behaviours can range from subtle intimidation to more obvious aggressive tactics. This is not an exhaustive list however, it does outline some of the more common types of bullying behaviours.
Workplace bullying may include:
- Verbal abuse and yelling; (Verbal abuse may include; yelling, swearing, intimidating behaviour);
- Isolating workers from normal work interaction, training etc;
- Tampering with a worker’s personal effects or work equipment;
- Teasing or regularly making someone the brunt of pranks/practical jokes;
- Repeated threats of dismissal or other severe punishment for no reason;
- Constant ridicule and being put down;
- Leaving offensive messages on email or the telephone;
- Sabotaging a person’s work, for example, by deliberately withholding or supplying incorrect information, hiding documents or equipment, not passing on messages and getting a person into trouble in other ways;
- Persistent and unjustified criticism, often about petty, irrelevant or insignificant matters;
- Humiliating a person through gestures, sarcasm, criticisms and insults, often in front of customers, management or other workers;
- Spreading gossip or false, malicious rumours about a person with an intent to cause the person harm.
Workplace bullying is not:
- A single incident of harassment or bullying type behaviour is not considered to be workplace bullying and/or harassment.
- Nevertheless, single incidents of harassing and bullying type behaviour should not be ignored or allowed. Well managed intervention in response to single incidents will help prevent the situation from escalating.
What is discrimination?
Direct discrimination occurs when a person (or a group of people) is singled out for worse treatment, compared to others in similar circumstances, because of one or more of the attributes. Direct discrimination may involve:
- making offensive ‘jokes’ about another worker’s racial or ethnic background, sex, sexuality, age or impairment; expressing negative stereotypes about particular groups or using stereotypes as a basis for decisions about work e.g. ‘Women with young children shouldn’t work.’ or ‘Older workers can’t learn new skills.’ using selection processes based on irrelevant attributes such as age, race or impairment rather than on skills really needed for the job.
- Indirect discrimination occurs when one rule applies to all, but in fact disadvantages a person (or group of people) because they are unable, or less able to comply with the rule because they have an attribute. The fact that the disadvantage was not intended is not an excuse.
For example:
- Requiring everyone to be available for all shifts might be unfair to a person with responsibilities to care for children or an elderly parent.
- Only hiring people who have never had a back injury or a workers compensation claim might rule out an employee whose health has returned and can do the job well.
- Not considering the provision of some reasonable adjustments would disadvantage a person with an impairment, who may be able to perform the essential parts of the job in a different way.
What is sexual harassment?
Sexual harassment is any form of unwelcome sexual attention that might offend, humiliate or intimidate the other person and may be experienced by women or men. It includes uninvited touching or physical contact; leering at a person or at parts of their body; talking about your sex life or asking about another person’s sex life; sexual jokes or propositions; sexually offensive communications (phone, email, SMS or other social media.)
Sexual harassment is against the law wherever and whenever it occurs. Flinders Shire Council will not tolerate sexual harassment in the workplace or in any work-related context such as conferences, work functions and business trips. Sexual harassment has nothing to do with mutual attraction. Such friendships are a private matter.
Sexual harassment does not have to be repeated or continued to be against the law. Some actions or remarks are so offensive that they constitute sexual harassment in themselves, even if they are not repeated. Other single incidents, such as an unwanted invitation or compliment, may not be sexual harassment. Some forms of sexual harassment, such as assault, physical molestation, stalking, sexual assault and indecent exposure, are also criminal offences.
The person being harassed does not need to say that the behaviour is unwelcome. Many people find it difficult to speak up. All employees are responsible for their own behaviour. If you think the behaviour may
Policy Statement
Company is an equal opportunity employer. At all stages of the employment relationship (recruitment and selection, terms and conditions of work, training and professional development opportunities, promotion and transfer, retirement, retrenchment and termination) staff will be treated on their merits and valued according to how well they perform their duties.
Company believes that all staff should be able to work in an environment free from discrimination, victimisation, sexual harassment, vilification and the seeking of unnecessary information on which discrimination might be based. We consider these behaviours unacceptable and they will not be tolerated.
Discriminatory behaviour
Under the Queensland Anti-Discrimination Act 1991 (the Act) discrimination, victimisation, sexual harassment, vilification and seeking unnecessary information on which discrimination might be based are illegal.
Discrimination on the following grounds is against the law:
- race, (including colour, descent or ancestry, nationality, national or ethnic origin);
- age (whether young or older);
- impairment (including biological, functional, learning, physical, sensory, mobility, cognitive, psychological, psychiatric impairment or the presence of an organism capable of causing disease);
- religious belief or activity;
- sex or gender identity;
- relationship status (including being married, single, divorced, separated, de facto or in a same sex relationship);
- sexuality;
- pregnancy, breastfeeding, parental status (including being or not being a parent, guardian, foster parent, adoptive parent, or stepparent);
- family responsibilities (including the responsibility to care for and support a dependent child or immediate family member);
- lawful sexual activity as a sex worker;
- trade union activity;
- political belief or activity;
- association with someone else who is identified because of one of these attributes.
Other behaviour that is against the law includes:
- seeking unnecessary information on which discrimination might be based;
- victimisation because a person has made a complaint, agreed to be a witness or has had a complaint made against them;
- sexual harassment is prohibited under both state legislation and the federal Sex Discrimination Act 1984;
- vilification on the basis of a person’s race, religion, gender identity or sexuality.
The Federal anti-discrimination legislation also prohibits discrimination on the basis of criminal record, medical record or social origin.
Responsibilities
All staff contribute to the creation of a discrimination-free and inclusive workplace and a healthy workplace culture. Company will ensure that:
- All Managers and Supervisors are sufficiently trained in effectively managing workplace harassment and bullying, are conversant and up to date with Equal Employment Opportunity Law and legislation;
- The Bullying, Discrimination and Sexual Harassment Policy is to be displayed in a prominent location at all sites, and has been effectively communicated to, and understood by all workers;
- As part of its standard induction process, all new staff are to be advised of the Harassment and Bullying Policy, the standards expected of them, and the procedures for making a complaint.
- Managers have a particular obligation to model appropriate behaviour; promote this policy; treat all complaints seriously and attend to them promptly; monitor the work environment and seek expert help for complex or serious matters.
All Managers and Supervisors are responsible for:
- Ensuring that all Human Resources practices are applied fairly, consistently and without bias;
- Role-modelling non-discriminatory and non-harassing behaviour and practices within the workplace at all times;
- Regularly reviewing the working environment to ensure that it is free from sexually explicit or offensive material;
- Responsibly acting upon any behaviour within the working environment that may be construed as harassment or bullying;
- Providing confidential advice and information to workers, including investigating any grievances or complaints that a worker may lodge;
- Ensuring that harassment and bullying does not occur at any level of Company activities;
- Ensuring that all workers comply with the Anti-Discrimination Act 1991, which makes harassment and bullying unlawful;
- Effectively addressing and eliminating bullying/harassment at all occupational levels within the organisation;
- Informing all workers of their responsibilities in relation towards eliminating bullying and harassment;
- Supporting procedures and guidelines to enable the immediate resolution of complaints of bullying/harassment; and
- Providing avenues for seeking redress, should bullying/harassment occur.
All workers have the responsibility to comply with this policy; report incidents to their managers and not to participate in discriminatory or harassing behaviour. All workers are responsible for:
- Understanding, respecting and applying the Bullying/Harassment Policy;
- Ensuring that they do not harass or bully co-workers and others;
- Attempting, wherever practical, to amicably resolve any personal bullying or harassment matter with the worker’s, supervisor/s, or manager/s involved, prior to notifying their manager or Human Resources.
- Conducting themselves in a non-discriminatory manner at all times in the workplace.
- Company encourages all workers to report workplace bullying/harassment incidents. Managers and Supervisors must ensure workers who make bullying or harassment workplace complaints or are witnesses to such events, are not victimised or suffer retribution.
- All reports (written or verbal) on workplace bullying/harassment will be investigated and treated seriously, addressed promptly, confidentially and impartially.
Consequences of breach of the policy
Staff who make a complaint of discrimination or sexual harassment will not suffer any victimisation by Flinders Shire Council for making the complaint. This also applies to staff who agree to be a witness in a complaint or have a complaint made against them.
Disciplinary action will be taken by Company against any staff member found to have breached this policy. Action will be appropriate to the breach and may include:
- an official warning and note on the person’s personnel file;
- a formal apology;
- counselling;
- demotion, transfer, suspension; or
- dismissal for very serious matters.
Vicarious liability
Under the Act the person who discriminates against, victimises, sexually harasses, vilifies or asks for unnecessary information can be liable for the illegal behaviour as well as their employer, unless Flinders Shire Council can show it has taken reasonable steps to prevent it.
Company provides staff with information about discrimination and sexual harassment at induction and conducts regular awareness training.
Managers must ensure that all staff are treated fairly and are not subject to any of the behaviours mentioned in this policy. They must also ensure that people who make complaints, or who are witnesses, are not victimised in any way.
Available options
What should you do if you are discriminated against, sexually harassed, vilified or asked for unnecessary information?
- Don’t ignore discrimination, sexual harassment, vilification or requests for unnecessary information, thinking it will go away – often it just gets worse.
- Choose the action you feel most comfortable with.
- You can follow more than one action at the same time.
Support and Counselling
Company provides confidential assistance to staff in the form of wellbeing support and professional counselling and encourages staff to seek help.
Rights and Responsibilities
Company has contact officers who have been appointed and trained to help employees make choices about how to seek resolution if they believe they are experiencing unfair treatment.
- Contact your trade union for advice.
- Call the Anti-Discrimination Commission Queensland on 1300 130 670 or TTY 1300 130 680 for information about your rights and responsibilities
- Documentation
- Company Safety Management System
- Company Code of Conduct