DISCRIMINATION, VICTIMISATION, BULLYING AND SEXUAL HARASSMENT POLICY

1.           NEW GUERNICA’S COMMITMENT

NG is committed to ensuring that all staff enjoy a workplace that is free from discrimination, sexual harassment and victimisation. Our commitment is to create and sustain a work environment, which supports mutual trust and assists each employee to reach his or her maximum potential.

NG considers sexual harassment, discrimination, victimisation and bullying to be forms of unlawful and unacceptable behaviour, which will not be tolerated under any circumstances.

Individuals found to have breached this policy or found engaging in such conduct will be subject to appropriate disciplinary action, which may include dismissal.

2.             IN WHAT CIRCUMSTANCES DOES THIS POLICY APPLY?

This policy applies to all activities during the course of work with NG, including:

·      work related social activities;

·      work related dealings with customers, suppliers and the public; and

·      work related dealings for NG outside NG’s premises and outside usual work hours.

3.             TO WHOM DOES THIS POLICY APPLY?

This policy applies to the conduct of everyone who performs work for NG, including:

·      employees;

·      independent contractors and employees of independent contractors; and

·      the owners.

4.             WHAT IS DISCRIMINATION?

Discrimination means direct or indirect discrimination on the basis of a protected attribute or characteristic.

In determining whether or not a person discriminates, the person’s motive or intention is irrelevant.

4.1          WHAT IS DIRECT DISCRIMINATION?

Direct discrimination occurs if the person treats, or proposes to treat, someone with an attribute less favourably than a person treats or would treat someone without the attribute, or with a different attribute, in the same or similar circumstances.

4.2          WHAT IS INDIRECT DISCRIMINATION?

Indirect discrimination occurs if the person imposes, or proposes to impose, a requirement, condition or practice:

·      that someone with an attribute does not or cannot comply with; and

·      that a higher proportion of people without that attribute, or with a different attribute, do or can comply with; and

·      that is unreasonable.

4.3          WHAT ARE THE PROTECTED ATTRIBUTES OR CHARACTERISTICS?

Commonwealth and State laws prohibit discrimination and sexual harassment on various grounds including the following:

·      race/national/ethnic/social origin

·      sex/sexual harassment;

·      disability/impairment/physical features;

·      sexual preference/lawful sexual activity/gender identity;

·      marital status/defacto status;

·      pregnancy/breastfeeding;

·      family responsibilities/status as a carer;

·      religious belief/political belief/trade union activity/industrial activity;

·      age; and

·      irrelevant criminal or medical record.

5.             EXAMPLES OF DISCRIMINATION

Discrimination in employment or in the provision of a service may occur when a person is treated less favourably in the following situations:

·      in determining who should  be offered work;

·      in the terms in which work is offered or work is performed;

·      by not allowing a person to work or continue to work;

·      by denying a person access to a training or re-training program;

·      by segregating a person;

·      by verbally abusing or assaulting a person;

·      by denying a person access or limiting access to opportunities for promotion, transfer or training or to any other benefit associated with employment or performing work;

·      by dismissing a person;

·      by denying a customer service or providing a service to a customer on different terms; or

·      by subjecting a person to any other detriment.

WHAT IS SEXUAL HARASSMENT?

Sexual harassment is unlawful under State and Federal legislation. A person sexually harasses another person if he or she:

·      makes an UNWELCOME sexual advance or an UNWELCOME request for sexual favours, to the other person; or

·      engages in any other UNWELCOME conduct of a sexual nature in relation to the other person,

·      in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.

A person’s motive or intention is irrelevant to whether their actions constitute sexual harassment.

6.1          GENERAL COMMENTS ON SEXUAL HARASSMENT

Sexual Harassment:

·      is unwelcome or uninvited conduct which is offensive from the view of the person harassed, regardless of any “innocent intent” on the part of the offender;

·      may involve any physical, visual or non-verbal conduct;

·      may be experienced by both men and women;

·      may involve a series of incidents or it can occur on one occasion; and

·      may include conduct, which occurs in your workplace or in connection with your work, for example at a work function outside of work hours or at a customer’s premises.

Sexual harassment has nothing to do with mutually acceptable friendships or relationships, which may develop between people who meet at work.

6.2          EXAMPLES OF SEXUAL HARASSMENT

Depending on the circumstances, sexual harassment may include such actions as:

·      constant requests for drinks or dates, especially after prior refusal;

·      requests for sexual favours, gestures or body movements of a sexual or intimidating nature;

·      crude sexual comments or suggestions;

·      sexist, racist or homophobic jokes;

·      nicknames with sexual connotations;

·      leering or staring at a person’s body;

·      intrusive enquiries into a person’s private sexual life;

·      sexual innuendo’s, including sexually provocative remarks, suggestive or derogatory comments about a person’s physical appearance, tales of sexual performance or penis size;

·      physical exposure or deliberate and unnecessary physical contact, such as patting, pinching, fondling, brushing against another body, or attempts at kissing; or

·      e-mail messages, voice mail messages, screen savers (words and images), telephone calls or faxes, and downloading or sending offensive material via the internet.

7               VICTIMISATION

Victimisation includes subjecting, or threatening to subject another person to any detriment because that person has made an allegation of sexual harassment or discrimination. This is regardless of whether the allegation is pursued or a formal complaint is made.

7.1          EXAMPLES OF VICTIMISATION

Victimisation may include:

·      threatening behaviour, including threatening comments made to the person or about that person;

·      inappropriate discussion of the complaint;

·      disparaging comments about the person who has made the complaint to the person or to others about the person;

·      encouraging others to treat the person who has made the complaint in a detrimental way; or

·      dismissing the person who has made the complaint.

8               BULLYING

Bullying is repeated unreasonable behaviour directed towards a worker or group

of workers that creates a risk to health and safety. Bullying can occur wherever

people work together. Under certain conditions, most people are capable of bullying. Whether it is intended or not, bullying is an OHS hazard.

8.1      Examples of Bullying

A broad range of behaviours can be bullying, and these behaviours can be direct

or indirect.

Examples of direct forms of bullying include:

• verbal abuse

• putting someone down

• spreading rumours or innuendo about someone

• interfering with someone’s personal property or work equipment.

Examples of indirect bullying include:

• unjustified criticism or complaints

• deliberately excluding someone from workplace activities

• deliberately denying access to information or other resources

• withholding information that is vital for effective work performance

• setting tasks that are unreasonably above or below a worker’s ability

• deliberately changing work arrangements, such as rosters and leave,

to inconvenience a particular worker or workers

• setting timelines that are very difficult to achieve

• excessive scrutiny at work.

8.2      What isn’t bullying

Reasonable management actions carried out in a fair way are not bullying.

For example:

• setting performance goals, standards

and deadlines

• allocating work to a worker

• rostering and allocating working hours

• transferring a worker

• deciding not to select a worker

for promotion

• informing a worker about

unsatisfactory work performance

• informing a worker about

inappropriate behaviour

• implementing organisational changes

• performance management processes

• constructive feedback

• downsizing.

9               CONFIDENTIALITY

All employees are required to treat any complaints under this policy confidentially and to discuss a complaint only to assist in the resolution of the complaint.

10            COMPLAINT RESOLUTION PROCEDURE

Step 1:           If you are concerned about another employee’s conduct in the course of employment, you are encouraged to raise the issue in private and directly with the person you have the issue with.

Step 2:           If another employee approaches you with any concerns, you should appreciate the opportunity to become sensitive to others and to modify your behaviour.

Step 3:           If the conduct continues, you are encouraged to bring forward the complaint to one of the HR manager. The HR manager will organise a confidential and impartial investigation to occur, appropriate to the nature and scope of the complaint.

Step 4:           The HR manager will take appropriate action to ensure that any sexual harassment or discrimination found to exist does not continue. This may include disciplinary action taken against an offender, which may include dismissal.

Step 5:           Although you are encouraged to resolve any discriminatory, victimising, bullying or sexually harassing behaviour internally, you may contact the Human Rights and Equal Opportunity Commission of Victoria (“HREOCV”) to formally lodge a complaint. The HREOCV are located at 3/380 Lonsdale Street Vic 3000 and may be contacted by phone on 9281 1111.

This policy is authorised by Famous Four Pty Ltd, trading as New Guernica.