Purpose
Our company aims to:
- promote an environment which values diversity and is free from Discrimination, Bullying, Harassment, Victimisation and Vilification where all Employees are treated with dignity, courtesy and respect
- implement procedures and awareness raising strategies to ensure that all Employees know their rights and responsibilities in order to provide a safe and inclusive working environment, and
- provide opportunities for Employees to resolve complaints in a fair, timely and confidential manner
- encourage the reporting of behaviour that breaches the Code of Conduct and protects Complainants from Victimisation or reprisals when making a Complaint
- ensure that our company complies with its legal responsibilities in accordance with the relevant Acts.
Scope
This procedure applies to all persons involved in or company-related activities including employees of the organisation (including visiting or volunteering workers), apprentices (including students visiting from another organisation), contractors, consultants whether or not they are employees, and those who provide services to our company.
Policy Statement
Our companmy is actively committed to protecting the rights of all employees to achieve their full potential in an environment which values and affirms diversity and is free from Discrimination, Bullying, Harassment, Victimisation and Vilification. Our company will take all reasonable steps and actions to ensure that employees will be treated fairly and with dignity and respect whilst working at our company
Forms of Discrimination
The Anti-Discrimination Act 1991 prohibits Discrimination on the basis of the following attributes:
- sex relationship status
- parental status
- race religious belief or
- activity political belief or activity
- impairment
- trade union activity
- lawful sexual activity
- pregnancy
- breastfeeding
- family responsibilities
- gender identity
- sexuality
- age or
- an association with, or relation to, a person identified on the basis of any of the above attributes.
Discrimination can either be direct or indirect.
Direct Discrimination takes place when an individual is disadvantaged or treated less favourably than another person based on any of the above-mentioned criteria. An example of direct Discrimination is failing to employ someone because he or she is of a different race.
Indirect Discrimination happens when a practice or policy appears to be fair because it treats everyone the same way but actually disadvantages people from a particular group. An example of indirect Discrimination is requiring all people who apply for a certain job to pass a written grammar test, even though being able to write in English is not necessary for the job. This test might exclude more people whose first language is not English.
Harassment
Under federal and state legislation, it is unlawful to harass someone based on any of the attributes specified under the anti-discrimination or human rights legislation.
What Discrimination, bullying and Harassment is NOT
Managers and Supervisors have responsibilities to manage and supervise their Employees, particularly with regard to the unsatisfactory performance of duties. Supervisors also have responsibilities to provide guidance and advice to employees. Such comment and advice may include critical statements and feedback along with monitoring and review of work performance. The act of correcting Employees or pointing out areas for improvement, invoking performance counselling or misconduct procedures does not in itself constitute Bullying or Harassment. Managers, Supervisors have a responsibility to establish and maintain a workplace free from Bullying and Harassment by offering constructive and legitimate advice and comment in a way that does not demean or humiliate workers.
Managing Workplace Complaints
Complaints of Discrimination, Bullying and Harassment will be treated seriously by our company and will be managed promptly in a thorough and confidential manner. The principles of natural justice will apply and will guide the application of this process as outlined in the Employee Discrimination, Bullying and Harassment Complaints Procedure.
Anti-Discrimination Strategies
The Manager of Human Resources will:
- in collaboration with the Staff Support, develop and implement education and training campaigns within the organisation to eliminate Discrimination, Bullying and Harassment provide advice to employees on Discrimination, Bullying and Harassment
- support the Staff Support in their development and provision of training and in-services for Harassment
- securely archive all documentation pertaining to Complaints relating matters of Discrimination, Bullying and Harassment according to organisational policy on record keeping and storage
- maintain a confidential database of Complaints
- provide regular statistical reports to the Staff Support and CEO
- brief the CEO on issues arising from the report
- develop cross-cultural awareness and sensitivity among professional and academic Employees
- encourage due recognition to the history and experiences of the Aboriginal and Torres Strait Islander Peoples of Australia and other ethnic groups
- develop training and resources to assist Employees and Students in dealing with racist incidents
Disciplinary Action
Employees
Where Discrimination, Bullying or Harassment is found to have occurred, this may be considered as misconduct or serious misconduct and disciplinary action may be commenced against the person against whom the findings were made.
Failure to comply with this Policy or Policy Instrument may be considered as misconduct and the provisions of the relevant Policy or Procedure applied.
Where disciplinary action is recommended against an Employee the Manager of HR (Human Resources) will advise the CEO. The CEO will determine whether or not disciplinary action should be commenced against the person(s) subject to the findings. Where it is determined that disciplinary action should commence against an Employee, the process for policy 1.6.3 Discrimination and Sexual Harassment shall apply, or the provisions of any other relevant contract of employment will apply. The CEO will provide written advice of the Decision to both the Complainant and the Respondent.
Frivolous and vexatious Complaints
Complaints which at any stage of an investigation are found to be unsubstantiated, misconceived, frivolous, vexatious or not lawful by reason of a provision contained in the legislation, or in breach of this procedure, our company may, by notice in writing addressed to the Complainant, dismiss the Complaint. Employees who deliberately make false or malicious Complaints may be subjected to disciplinary action.
How to resolve issues of Discrimination, Bullying and Harassment
Employees seeking to resolve issues of Discrimination, Bullying and Harassment can initially seek information and support (not counselling) from an immediate Supervisor. Employees are encouraged to report all instances of Discrimination, Bullying or Harassment behaviour, threats of violence and violent acts involving them through the use of this policy and the associated resolution procedures. By not addressing Discrimination, Bullying and Harassment, when and if it occurs, the problem cannot be resolved and other people may be subjected to conduct, which may be unlawful, which is not tolerated by our company on any level. If a concern is with an immediate Supervisor, the Employee can ask for assistance from that Supervisor’s Manager.
Senior Managers have a responsibility to identify Discrimination, Bullying and Harassment behaviour amongst those that they supervise, and to provide the individual with assistance to resolve these concerns. They are also required to provide individuals with an opportunity to discuss, plan, review, develop, support and progress individual performance through our company’s performance planning and review process.
Supervisors can be asked to provide assistance in resolving issues of Discrimination, Bullying and Harassment.
Employees wishing to lodge a Formal Complaint of Discrimination, Bullying and/or Harassment against an Employee of the organisation should refer to the Employee Discrimination, Bullying and Harassment Complaints Procedure. Employees or Students wishing to lodge a Formal Complaint of Discrimination, Bullying and/or Harassment against an employee of our company are referred to the Discrimination and Harassment Complaint Resolution Policy.
Documentation
- Protected Disclosure Form
- General Misconduct Lodgement Form
- Incident report
- 9. Legislation
- Age Discrimination Act 2004
- Anti-Discrimination Act 1991
- Australian Human Rights Commission Act 1986
- Equal Opportunity Act 1987
- Fair Work Act 2009
- Sexual Discrimination Act 1984
- Work Health and Safety Act 2011
- Work Health and Safety Regulations 2011