DOCUMENT TYPE
ADMINISTRATIVE
HUMAN RESOURCES
CONDUCT AND COMPLIANCE
NUMBER
P
5
3
1
014
Policy Database Document Reference Number 531014P
WORKPLACE BEHAVIOURS POLICY
Purpose/
objectives
The University is committed to equal opportunity and appropriate professional
behaviour in the workplace. This policy specifically covers discrimination
(direct/indirect and legal protections), harassment (general, sexual and racial),
bullying (direct/indirect and intentional/unintentional), vilification and victimisation,
occupational violence, personal relationships.
Scope/
Application
This policy applies to all staff, contractors, agents, official visitors and other
individuals performing services/work for and on behalf of the University or who
are engaged in activities reasonably connected with the University. Collectively
referred to as staff throughout this policy.
This Policy also applies to staff behaving unacceptably to students.
This Policy does not apply to students behaving unacceptably as this is managed
under the relevant policies/procedures and the General Misconduct Statute 2009
and therefore excluded from this Policy.
This Policy does not apply to reasonable and legitimate management action.
Policy
Statement
Workplace Entitlement
Staff are entitled to:
•
a workplace free from unacceptable behaviour including discrimination,
harassment, bullying, victimisation, violence and racial/religious vilification
and other forms of unacceptable behaviour as deemed by the University
•
the right to raise issues or to make an enquiry or complaint in a reasonable
and respectful manner without being victimised
•
recruitment and selection decisions based on merit and not affected by
irrelevant personal characteristics
reasonable flexibility in working arrangements, especially to accommodate
family and carer responsibilities, disability, religion and culture.
•
University Commitment
Behaviour must comply with the Code of Conduct and the University’s values.
Behaviour relating to discrimination, harassment, bullying, victimisation,
vilification and violence is not tolerated or accepted at the University, and is
against the law.
Our commitment is to:
•
provide a workplace that is free from unacceptable behaviour such as
discrimination, harassment, bullying victimisation, vilification and violence
and other forms of unacceptable behaviour as deemed by the University
•
take all reasonable steps to ensure our fellow staff and other external
parties are treated by University representative in line with our Code of
Conduct, values and our policies/procedures
treat individuals in a non-discriminatory manner in all aspects of
•
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Policy Database Document Reference Number 531014P
employment such as recruitment, compensation/benefits, training,
promotion, transfer and termination
•
comply with legislation
•
provide a complaints process to allow an opportunity to resolve workplace
behaviour issues in a timely and fair manner
•
provide training and education to university representatives on both
appropriate and unacceptable workplace behaviours and their obligations
under this policy and procedure
Expected Workplace Behaviour (All Staff)
The University expects all staff:
•
to treat everyone in accordance with the University’s Code of Conduct and
values
•
not to engage in unacceptable behaviour such as discrimination,
harassment, bullying, vilifying, victimising, acting or threatening to act
violently towards staff, students and other external parties
•
to comply with the relevant local law
•
to participate in workplace investigations where required
•
raise a complaint when they believe they have witnessed/experienced
unacceptable workplace behaviour in accordance with the policy/procedure.
The University expects managers to:
•
model appropriate behaviour themselves and promote the Code of
Conduct, University values and Workplace Behaviour Policy within their
work area
•
monitor the working environment to ensure that acceptable standards of
conduct are observed at all times
•
intervene quickly and act fairly to resolve issues and enforce workplace
behavioural standards, making sure relevant parties are heard
•
treat all complaints seriously and take immediate action to attempt to
resolve the matter in accordance with the Workplace Behaviours Procedure
•
refer a complaint to another officer if they do not feel that they are the best
person to deal with the case (for example, if there is a conflict of interest or
if the complaint is particularly complex or serious).
Breach of Policy
Unacceptable workplace behaviour will be dealt with having regard to the facts
and circumstances of each case.
Any action taken in relation to unacceptable workplace behaviour will be
managed under the Workplace Behaviours Procedure.
Breaches of this policy and the procedure may lead to a variety of outcomes; for
example an apology or training, through to (but not limited to) termination of
employment.
Supporting
Procedures
Workplace Behaviours Procedure
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Responsibility
for
implementation
All staff
Responsibility
for monitoring
implementation
and compliance
Deputy Director, Employee Relations
Status
New policy approved at PRC 4 September 2015, min ref (PRC15/119(M)-97.9).
Key
stakeholders
Equality & Diversity Centre
Diversity & Inclusion
Health & Safety
Human Resources
Approval Body
Vice Chancellor on the recommendation of the Planning and Resources
Committee
Initiating Body
or person(s)
Human Resources
Definitions
This policy accepts the definitions outlined in related legislation.
Complaint is a verbal or non-verbal report made by a staff member to the
University regarding unacceptable workplace behaviours.
Workplace, other than the immediate workplace (including campus), it also
extends to work social functions, conferences and events either organised by the
University or organised by external parties and sanctioned by the University to
attend on behalf of the University.
Related
legislation
The University has listed the most relevant law in Australia relating to this topic
however it is not limited to the below.
Federal Legislation
•
Fair Work Act 2009
•
Racial Discrimination Act 1975
•
Racial Hatred Act 1995
•
Sex Discrimination Act 1984
•
Age Discrimination Act 2004
•
Disability Discrimination Act 1992
•
Australian Human Rights Commission Act 1986
•
Workplace Gender Equality Act 2012
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•
Disability Standards for Education 2005
Victorian State Legislation
•
Equal Opportunity Act 2010
•
Racial and Religious Tolerance Act 2001
•
Occupational Health and Safety Act 2004 & Regulations 2007
•
Work Health Safety Act 2012
•
Crimes Amendment (Bullying) Act 2011
•
Charter of Human Rights and Responsibilities Act 2006
•
Privacy and Data Protection Act 2014
Other
•
La Trobe University Act 2009
•
Use of Computer Facilities Statute 2009
Related Policy
and other
documents
Code of Conduct
The La Trobe University Collective Agreement, approved by the Fair Work
Commission (‘the Collective Agreement’).
Conflict of Interest Policy & Procedure
Date Effective
4 September 2015
Next Review
4 September 2018
Keywords
Bullying, violence, sexual harassment, harassment, discrimination, equality,
equity, vilification, victimization, racial, complaint
Owner/Sponsor
Executive Director Human Resources
Author
Deputy Director, Employee Relations
Key Contact
HR Assist by email at hrassist@latrobe.edu.au or by phone on 03) 9479 1234
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