All employees must comply with federal and state laws relating to discrimination, sexual harassment, bullying and victimisation
We are an equal opportunity workplace. All employees will be treated on their merits, without regard to race, age, sex, relationship status or any other factor not applicable to their position. Employees are valued according to how well they perform their duties, and on their ability to maintain our standards of service.
We believe that all employees should be able to work in an environment free of discrimination, victimisation, sexual harassment and vilification. We consider these behaviours unacceptable and they will not be tolerated under any circumstances.
In order to foster and maintain a workplace environment which provides all employees with equal opportunity, we are committed to ensuring that:
We are committed to ensuring that all employees work in an environment where they are treated with mutual respect. It is important for a productive and harmonious workplace that employees are aware of the impact of their behaviour on others. Bullying in the workplace is inappropriate and unacceptable.
All employees have a legal responsibility to care for their own health and safety and that of their colleagues and therefore, they must treat everyone within the workplace with respect and courtesy and not engage in acts that constitute bullying behaviour. Employees found to have either committed or condoned such behaviour in the workplace will be subject to disciplinary action, which may include the termination of employment.
Bullying refers to repeated and unreasonable behaviour directed towards a person or group that creates a risk to their health and safety.
Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of actions over a period of time.
Unreasonable behaviour is any behaviour that a reasonable person having regard to the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.
If someone is being bullied due to a personal characteristic protected by equal opportunity law, it may also be a form of discrimination.
Bullying can take many forms, including jokes, teasing, nicknames, emails, pictures, text messages and social isolation. Bullying can range from obvious verbal or physical assault to psychological abuse.
Behaviours that may constitute bullying include but are not limited to:
Reasonable management action taken by supervisors or managers to guide and direct the way work is done is not bullying. Some examples of actions that constitute reasonable management action are:
Discrimination is treating or proposing to treat someone unfavourably because of a personal attribute protected by law.
Under anti-discrimination laws protected personal attributes include the following:
Discrimination can occur both directly and indirectly.
Direct discrimination is when a person or group is treated less favourably than another person or group in a similar situation or is excluded from a benefit or opportunity, or significantly reduces their changes of obtaining the benefit or opportunity because they have or are assumed to have a personal attribute protected by law.
An example may be refusing to employ someone because of their age based on an assumption that they are too old to learn new skills.
Indirect discrimination is when an unreasonable policy, requirement, condition or practice is imposed that has, or is likely to have, the effect of disadvantaging people with a protected attribute. These might be policies or practices which appear to be neutral but has a discriminating effect.
An example may be requiring all employees to work a 12-hour shift which indirectly disadvantages employees with family or carer responsibilities. For a requirement to be considered indirect discrimination, it must be unreasonable.
Harassment is any form of unwanted, unwelcome or uninvited behaviour that makes a person feel humiliated, offended or intimidated. It is important to understand that a one-off incident can constitute harassment.
Harassment in the workplace can take many forms (verbal, written, visual or physical) and can be obvious, subtle, direct or indirect. Examples of harassment include but are not limited to:
Sexual harassment is a specific form of harassment. It includes unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. A single incident is enough to constitute sexual harassment, it does not have to be repeated.
Sexual harassment can be physical, spoken or written. Examples include but are not limited to:
Sexual harassment does not include behaviour that is based on mutual attraction, friendship and respect. If the interaction is welcome, invited, reciprocated or consensual it is not sexual harassment.
The fact that someone does not object to inappropriate behaviour in the workplace at the time does not mean they are consenting to the behaviour.
Comments and behaviour that do not offend one person may offend another. Employees are required to respect other people’s boundaries.
Employee violence is any incident where an employee is threatened or physically attacked by another employee.
Victimisation is subjecting or threatening to subject someone to a detriment because they are involved in a complaint relating to bullying, discrimination or harassment. Employees must not engage in victimisation of any person who is involved in a complaint under this policy. It is also victimisation to threaten someone who may be involved in investigating a complaint.
Victimisation does not include taking action against someone who has made false complaints or provided false information.
We encourage any employee who believes they have been bullied, discriminated against, harassed or victimised to take appropriate action:
All complaints are treated in a sensitive, fair, timely and confidential manner. Allegations will be investigated in accordance with this policy and informal and formal complaints resolution procedures based on the principles of procedural fairness.
In cases of alleged inappropriate behaviour, the principles of procedural fairness are followed. These principles require us to:
We do not tolerate any circumstances of unlawful discrimination, harassment (including sexual harassment), bullying, employee violence, or victimisation. Employees found to have engaged in any conduct outlined in this policy may be subject to disciplinary action up to and including termination of employment. Other measures may include mediation, counselling, training or a disciplinary warning.