Sexual Harassment, Harassment, Bullying and Victimisaion Policy
[Insert company name] considers harassment of any nature unacceptable behaviour and will not tolerate such behaviour in the workplace.
This applies to all [insert company name] staff, contractors, visitors, consultants and tradespeople working on [insert company name]’s premises. The objective of this policy is to promote ethical and professional standards of behaviour and to formalise procedures for investigating instances of harassment that may have taken place.
Management views any such conduct as serious or wilful misconduct sufficient to result in the termination of employment without notice or a payment in lieu of notice.
Sexual Harassment:
Sexual harassment in the workplace is, essentially, unwelcome sexual conduct, remarks or innuendo in any form. It may involve a person harassing a member of the opposite sex or of the same sex; physically, verbally or in written form.
The following are examples of behaviours that could be interpreted as sexual harassment in the workplace:
- Unwelcome conduct of a sexual nature with another person
- Continued use of jokes/stories that contain sexual innuendos, which humiliate or embarrass;
- Persistent requests for dates/outings/social contact, which have been declined;
- Persistent staring at a person or their body parts;
- Public displays of pornography;
- Unwanted physical conduct; and
- Intrusive inquires into an employee’s private life or reference to their sexuality or physical appearance.
Certain conduct which might be tolerated socially could constitute sexual harassment in the workplacewhen it is unwelcome. It is important to note that: It is the perception or understanding of the receiver that is taken into account and not the intention of the giver, when considering cases of sexual harassment. It is therefore essential that due care is taken to reduce any misunderstandings or confusion which could be construed by the receiver as sexually harassing behaviour
Sexual harassment in the workplace amounts to unlawful conduct if:
- An employee reasonably believes that by rejecting any sexual advances or refusing requests for sexual favours their employment may be disadvantaged or curtailed;
- An employee is obliged to continue to work in an environment, which as a result of sexual harassment is generally hostile, demeaning or intimidating having regard to the employee’s sex. In most cases, only repeated instances will create this type of atmosphere; however a single act may be unlawful where it drastically changes the work environment.
Racial Harassment and Incitement of Racial Disharmony
- Racial harassment is another form of harassment that is illegal and unwelcome in the workplace. Racial harassment is the use of language, visual material or physical behaviour against a person or persons to:
Express hostility against a person or bring a person into contempt or ridicule on the grounds of that person’s colour, race or ethnic or national origins and is hurtful or offensive to the recipient;
Incites racial disharmony
General Harassment and Victimisation
[Insert company name] expects all staff to treat others with respect. This includes fellow workers, customers, providers and visitors to [insert company name]. All staff and visitors to [insert company name] have the right to feel safe in our working environment. Harassment of any nature causes unnecessary upset and stress to those involved.
Harassment
Harassment is any unsolicited behaviour which humiliates someone, offends or intimidates them. It also includes bullying behaviour, verbal taunts and threats, physical taunts and abuse and ostracism.
In some instances, the level of harassment may constitute criminal conduct such as obscene telephone calls and letters, indecent exposure or assault.
Victimisation
Victimisation is behaviour or action which is designed to exclude or disadvantage a person or persons unfavourably and unreasonably.
Dispute Procedure
- This procedure should act as a guideline for all staff in identifying and addressing issues of sexual harassment, racial harassment, general harassment and victimisation.
- Any employee, who is subjected to any form of harassment, is encouraged to take direct action by making it clear to the offender that the behaviour is unwarranted, unacceptable and offensive.
- Where a member of staff feels they are unable to tell the harasser that their behaviour is unacceptable or if the harassment does not stop when requested, the employee/sub contractor should raise the matter with their supervisor/manager.
- To ensure staff are comfortable raising any complaint regarding any form of harassment, they are welcome to use a friend or legal representative to assist and support them when making the complaint to their supervisor/manager.
- It is the duty of managers/supervisors to deal with any allegation of harassment.
- In instances where the alleged harassment is by a direct supervisor or manager, the complainant should go to a higher level manager.
- Where possible, and with the agreement of the employee lodging the claim, the manager/supervisor should initially deal with the claim by way of mediation between the parties involved. Such mediation will be in strictest confidence.
- If the issue remains unresolved following mediation or either of the parties is not prepared to attend mediation, then a more formal and impartial investigation process will be commenced by an appropriate manager not directly involved with the claim.
- The complainant and witnesses will not be disadvantaged in any way; having in good faith reported an allegation of harassment, even if the report is subsequently found to be without basis. However, if the complaint is found to be malicious, vexatious or frivolous, disciplinary action may be taken against the complainant.
- It is recognised that some reported instances of harassment have no basis. This might be because some action by another person has been wrongly interpreted or misconstrued. Even so, staff are expected as a condition of employment, to conduct themselves in a manner to and with other staff so as to avoid any conduct or statement which could be misconstrued.
- Once a full investigation has been carried out, the investigator will make a decision regarding the complaint and provide advice on action to be taken with regard to the complainant and the alleged harasser.
- Staff found to have harassed another employee or staff, will be counselled and where necessary, disciplinary action will be taken. This action may include dismissal.
- Where harassment has occurred by either a visitor or tradesperson working within [insert company name] premises, they will be asked to leave the premises and the issue taken up with their direct employer.
- Nothing in the above procedure prevents an employee from instituting a formal complaint with the relevant government authority, in the event that they are not satisfied with the results or believe the issue was not handled appropriately.