Anti-discrimination, Harassment, Victimisation and Bullying

Purpose and Scope

This document sets out Skills Insight’s position concerning behaviour that constitutes discrimination, harassment, vilification and bullying in the workplace and the framework for Skills Insight’s response to such behaviour. Discrimination, harassment, vilification, victimisation and bullying are unacceptable behaviours and will not be tolerated.

This policy applies to all employees, contractors, service providers, customers, visitors and volunteers engaged with Skills Insight.

A number of Commonwealth and State laws apply to anti-discrimination and the prevention of harassment, vilification and bullying and the underlying governing principles. All relevant legislation will be referred to in executing this policy.

This policy is not limited to the workplace or work hours and extends to all functions and places that are work-related, for example work lunches, Christmas parties and client functions.

This policy has been established on the foundation of Skills Insight values, behaviours and strategies and all actions must be consistent with them. In the event of any conflict between this policy and the values, behaviours and strategies of Skills Insight, we request that you promptly notify the CEO for resolution.

Definitions

Discrimination:

Treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by the law. This includes bullying someone because of a protected characteristic, it is against the law for someone to discriminate against you because of a characteristic you have, or they assume you have. These personal characteristics include:

age
carer and parental status
physical or mental disability (including physical, sensory and intellectual disability, work related injury, medical conditions, and mental, psychological and learning disabilities)
employment activity
gender identity, lawful sexual activity and sexual orientation
industrial activity
marital status
physical features
political belief or activity
pregnancy and breastfeeding
race (including colour, nationality, ethnicity and ethnic origin)
religious belief or activity
sex
expunged homosexual conviction
personal association with someone who has, or is assumed to have, one of these personal characteristics.

It is also against the law to sexually harass or victimise someone, or vilify someone because of their race or religion.

Direct discrimination happens when someone is treated unfavourably because of a personal characteristic protected by the law. Direct discrimination often happens because people make unfair assumptions about what people with certain personal characteristics can and cannot do.

Indirect discrimination occurs when an unreasonable requirement, condition or practice is imposed that disadvantages a person or group because of a personal characteristic.

Discriminatory behaviours and actions that affect a person or group with certain personal characteristics can become entrenched in an organisation or community. These behaviours often become part of organisation’s culture and are reinforced by policies or procedures. If an organisation has a lot of complaints about the same or similar issues, it might be because of entrenched discrimination, also known as systemic discrimination.

Harassment:

Unwelcome verbal or physical conduct. Harassing conduct includes, without limitation:

offensive, threatening, intimidating or demeaning behaviour directed at an individual or a group of people
communication of a spoken or written nature or computer mediated material that shows hostility or aversion to individuals or groups in the community.

Sexual harassment:

Is against the law under the Equal Opportunity Act 2010

It is unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, verbal or written. It can include:

comments about a person’s private life or the way they look
sexually suggestive behaviour, such as leering or staring
brushing up against someone, touching, fondling or hugging
sexually suggestive comments or jokes
displaying offensive screen savers, photos, calendars or objects
repeated requests to go out
requests for sex
sexually explicit emails, text messages or posts on social networking sites
sexual assault.

Vilification:

Behaviour that “incites hatred, serious contempt, revulsion or severe ridicule” for a person of group of
people, because of their race or religion.

Victimisation:

Subjecting, or threatening to subject, someone to something detrimental because they have asserted their rights under equal opportunity law, made a complaint, helped someone else to make a complaint, or refused to do something because it would be discrimination, sexual harassment or victimisation.

Bullying:

Can be verbal, physical or in writing, and includes behaviour that intimidates, degrades or humiliates another person. This can be a form of unfavourable treatment covered by the law. If someone is being bullied because of a personal characteristic protected by equal opportunity law, it is a form of discrimination. In most cases, bullying behaviour is persistent and happens over a period of time. However, under the Equal Opportunity Act 2010, this behaviour does not have to be repeated to be discrimination – it may be a one-off event.

Examples of Bullying

Bullying can occur wherever people work together and in a range of different workplace relationships. It can be verbal or in writing, including online.

Bullying can happen:

by managers towards workers
among co-workers
by workers towards managers.

Bullying can take many forms, such as:

publicly humiliating someone
verbal abuse
spreading malicious rumours or gossip.

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

allocating work and setting performance goals, standards and deadlines
informing and warning a worker about unsatisfactory work performance
informing and warning a worker about inappropriate behaviour
undertaking performance management processes and providing constructive feedback.

What to do if you are subject to or observe discrimination, harassment, vilification, victimisation or workplace bullying

Do not ignore inappropriate behaviour in the hope that it will go away. Silence may give the impression that the behaviour is acceptable. Please contact your Go-To, the Executive or CEO to report incidents and/or seek advice. All incidents reported will be investigated.

The following external contacts are also available:

Victorian Equal Opportunity and Human Rights Commission: 1300 292 153

Fair Work Commission: 1300 799 675

WorkSafe Victoria: 1800 136 089

SafeWork NSW: 13 10 50

SafeWork SA: 1300 365 255

NTWorkSafe: 1800 019 115

WorkSafe Queensland: 1300 362 128

WorkSafe ACT: 13 22 81

Work Safe Tasmania: 1300 366 322

Work Safe WA: 1300 307 877

Policy and Procedure

Skills Insight regards harassment, discrimination, victimisation and bullying as serious misconduct. Where it is established that harassment, discrimination and/or bullying have occurred, Skills Insight may take action against the person who engaged in that behaviour, up to and including summary dismissal, in accordance with Skills Insight Jobs and Skills Council Code of Conduct, as amended from time to time.

Skills Insight is committed to:

creating a safe and productive working environment in which employees are free from harassment, discrimination and bullying and are treated with dignity and respect;
implementing training and awareness raising strategies to ensure that all employees know their rights and responsibilities;
treating all complaints in a sensitive, fair, timely and confidential manner;
supporting staff who report behaviour which breaches this policy; and
always promoting appropriate standards of conduct.

Skills Insight’s procedures for handling staff grievances are based on confidentiality, impartiality, procedural fairness, protection from victimisation and prompt resolution. Any complaints of harassment, discrimination or bullying will be dealt with promptly, taken seriously and responded to without victimisation of those involved.

A staff member who believes harassment, discrimination, bullying or vilification has occurred is encouraged to report their complaint in accordance with the Skills Insight Grievance policy.

Skills Insight will not retaliate against any staff member/contractor for filing a complaint or for participating in any investigation nor will it tolerate or permit retaliation by any staff or other workplace participant. Such victimisation is also prohibited under anti-discrimination laws and this behaviour can also result in disciplinary action for the staff member(s) or workplace participants involved.

Where a grievance or claim can be substantiated, appropriate action will be taken.

Responsibilities

All staff and contractors are responsible for ensuring that they are aware of and comply with this policy to ensure that the workplace remains free from discrimination, harassment, vilification and bullying.

All staff and contractors must ensure that they do not engage in any unlawful conduct towards other employees, contractors, or other stakeholders with whom they come into contact through work.

The Executive are expected to monitor the workplace, be seen as a role model, and actively contribute to a work environment free from discrimination, harassment, and bullying.

Records

If a grievance has been substantiated, records of the investigation, findings and actions taken in relation to a reported grievance shall be kept on the relevant employee’s personnel file.

If a grievance cannot be substantiated, records of the investigation, findings and actions taken in relation to a reported grievance shall be kept in a generic file with the Executive.

Feedback and Amendments

Organisations change over time, and as a result, their policies must also adapt accordingly. If you identify any aspect of this policy that requires adjustment or updating, please reach out to the Executive who will follow a policy review process as endorsed by the CEO.