Policy on
HARASSMENT,
DISCRIMINATION AND
WORKPLACE BULLYING
Date Adopted:
Latest Date for Next Review:
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May 2013
February 2017
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Enable Southwest Inc.
Policies and Procedures
Policy and Procedure: Harassment, Discrimination and
Workplace Bullying
Date Adopted:
May 2013
File Location: Z:\Policies, Procedures & Constitution\POLICIES -
Date of Next
Review:
February 2017
Number of pages:
6
Standard
1
Current 2010\D-Access & Exit Policy.doc
Relevant Forms:
 Grievance Report form
Harassment, Discrimination and Workplace Bullying
Purpose of the policy
The purpose of this policy is to make Enable Southwest Inc. employees aware of what
constitutes harassment, discrimination and workplace bullying, and their responsibilities in
preventing and managing such incidents.
The intended outcome is a workplace that is free from all forms of harassment,
discrimination and bullying.
The Policy
Enable will strive to achieve a healthy and safe workplace by addressing the issue of
harassment, discrimination and workplace bullying.
Employees of Enable must not engage in harassing, discriminatory or bullying behaviour
towards another employee; or a member of the public with whom they have contact in the
course of their employment. Any staff member who experiences bullying and harassment
is encouraged to report it to their direct line manager in writing. When bullying and
harassment is reported, it will be treated seriously and investigated quickly according to
Enable’s procedures.
Enable has a zero tolerance towards such behaviour and may take disciplinary action up to
and including dismissal against any employee who:


participates in harassing, discriminatory or bullying behaviour; or
victimises or retaliates against an employee who has lodged a complaint about
harassment, discrimination or workplace bullying.
The policy has been framed around the code of practice for preventing and responding to
workplace bullying under section 274 of the OHS Act 1984, the Equal Opportunity Act
(1984), the Sex Discrimination Act (1984) and Standard 1 of the National Standards
(2013). This policy applies to all of the agency’s programs and activities.
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Definitions
Harassment
Harassment involves intimidating, offending or humiliating behaviour directed toward a
person on the basis of a particular personal characteristic such as race, age or gender.The
harassing behaviour is likely to create a hostile or intimidating environment and
detrimentally affect an individual's participation in employment.
Harassment is determined by reference to the nature and consequences of the behaviour,
not the intent of the initiator, and occurs in circumstances where a reasonable person
would have expected the behaviour to be offensive, humiliating or intimidating.
Sexual Harassment
Sexual Harassment is any behaviour of a sexual nature, which is unwelcome. It may
involve a single incident or a series of incidents. The Commonwealth Sex Discrimination
Act 1984 declares sexual harassment to be unlawful. Enable has a responsibility to protect
all staff from sexual harassment. Sexual Harassment may include:

Physical contact - e.g. touching, kissing or embracing someone, sexual assault and
rape.

Verbal comments - e.g. innuendo; smutty jokes; suggestive comments about
someone's appearance or body; persistently inviting someone out; questions about a
person's private life; requests for sexual favours.

Nonverbal actions - e.g. stares; displays of sexually explicit material; offensive body
and hand movements; suggestive letters and drawings, including email; indecent
exposure.

Social Media harassment of a Sexual Nature
When identifying sexual harassment, the intent of the person whose behaviour caused
offence is largely immaterial, as it is the effect of their behaviour that is relevant. If
behaviour is unwelcome and is sexually oriented, and occurs in circumstances where a
reasonable person would have anticipated the possibility that a person would have been
offended, humiliated or intimidated by the conduct, then it is sexual harassment.
Sexual harassment is not behaviour which is based on mutual attraction, friendship or
respect. If the interaction is consensual, welcome and reciprocated it is not sexual
harassment.
Bullying
Workplace bullying is defined as repeated, unreasonable behaviour directed towards a
worker or a group of workers, that creates a risk to health and safety.
‘Repeated behaviour’ refers to the persistent nature of the behaviour and can refer to a
range of behaviours over time.
‘Unreasonable behaviour’ means behaviour that a reasonable person, having regard for
the circumstances, would see as victimising, humiliating, undermining or threatening.
Bullying can occur face-to-face, over the phone, via email, instant messaging or using
mobile phone technologies including text messaging.
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Bullying can involve many different forms of unreasonable behaviour, which can be
obvious (direct) or subtle (indirect).
Examples of direct bullying include:

abusive, insulting or offensive language

spreading misinformation or malicious rumours

behaviour or language that frightens, humiliates, belittles or degrades, including
criticism that is delivered with yelling or screaming

Physical violence such as pushing, shoving or throwing of objects can occur at the
same time as bullying.

displaying offensive material

inappropriate comments about a person’s appearance, lifestyle, or their family
•
teasing or regularly making someone the brunt of pranks or practical jokes
•
interfering with a person’s personal property or work equipment, or
•
harmful or offensive initiation practices.

Social Media bullying
Examples of indirect bullying include:
•
unreasonably overloading a person with work or not providing enough work
•
setting timelines that are difficult to achieve or constantly changing deadlines
•
setting tasks that are unreasonably below or beyond a person’s skill level
•
deliberately excluding, isolating or marginalising a person from normal work activities
•
withholding information that is vital for effective work performance
•
deliberately denying access to information, consultation or resources
•
deliberately changing work arrangements, such as rosters and leave, to
inconvenience a
particular worker or workers, or
•
unfair treatment in relation to accessing workplace entitlements such as leave or
training.
It is important to understand that reasonable management instructions and actions,
carried out in a fair and reasonable way, is not bullying. Managers have a right to direct
the way work is carried out and to monitor and give feedback on performance.
Examples of reasonable management action include:
•
setting reasonable performance goals, standards and deadlines in consultation with
workers and after considering their respective skills and experience
•
allocating work to a worker in a transparent way
•
fairly rostering and allocating working hours
•
transferring a worker for legitimate and explained operational reasons
•
deciding not to select a worker for promotion, following a fair and documented
process
•
informing a worker about unsatisfactory work performance in a constructive way and
in accordance with any workplace policies or agreements and or Performance
Management
•
informing a worker about inappropriate behaviour in an objective and confidential
way
•
implementing organisational changes or restructuring, and
•
Documented performance management processes.
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Discrimination
Discrimination occurs when a person is treated less favourably than another person
because of certain attributes. Under federal and state laws, it is against the law to
discriminate against people or to harass them, in various areas of public life because of
their:
 Race, including colour, ethno-religious background or nationality,
 Sex or pregnancy,
 Transgender,
 Marital status,
 Disability,
 Carers' responsibilities,
 Family status,
 Political conviction,
 Spent convictions,
 Sexuality, or
 Age.
Support
Enable Southwest Inc. commits itself to educating employees as to the nature and effects
of harassment, discrimination, workplace bullying and to provide the necessary resources
to inform them of the contents of this policy.
Enable has an Employee Assistance Program, which provides free, confidential, off-site
counselling and advice. Details are contained in the Induction manual.
**Failure to comply with this policy will be viewed seriously and may result in disciplinary
action, that may include dismissal
Review of the Policy
This policy will be reviewed on a two-yearly basis. However, if at any time the legislative,
policy or funding environment is so altered that the policy is no longer appropriate in its
current form, the policy shall be reviewed
immediately and amended accordingly.
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GRIEVANCE REPORTING FORM
Instructions:
1
The aggrieved client or employee should complete this form.
2
If the grievance involves a group of clients or employees, the group’s representative
completes the form.
3
Completed form must be submitted to appropriate line manager or coordinator.
Name:
Date:
Nature of Grievance: (Short description, only facts to be noted)
Date on which grievance commenced:
Solution desired:
Signature of grievant:
Review held on:
Date:
By:
Outcome of review:
Grievance resolved?
Signature of
acceptance of
outcome:
Supervisor
Yes
Grievant
No
Date
Next steps if grievance
remains unresolved:
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