Workplace behaviours policy

INTRODUCTION

ASHM believes that all people should work in an environment free from discrimination, workplace bullying and harassment.

This policy applies to all ASHM’s employees, volunteers, advisors, interns, consultants, external parties, and Board members unless otherwise specified.

PURPOSE

The purpose of this document is to communicate that ASHM does not tolerate any form of workplace bullying and to set out the process which are to be followed should any instances of workplace bullying be reported.

DIVERSITY

ASHM is committed to being a diversity leader. ASHM recognises the benefits of diversity, and values a work environment which is inclusive of employees with varying characteristics; which respects and values each person’s differences and unique experiences and celebrates their strengths; in providing opportunities for each person to achieve their full potential.

Diversity includes (but is not limited to):

  • Gender
  • Race, nationality, ethnic or national origin
  • Physical ability
  • Lawful religious belief or activity
  • Age
  • Sexual orientation

 

Valuing diversity means that we are:

  • Building a safe work environment and culture, free from behaviour that creates a risk to health and safety; does not value diversity; or is not inclusive
  • Making a meaningful contribution to the social and economic wellbeing of the communities we serve and celebrate
  • Promoting within the business based on merit and performance, objectively assessed
  • Enabling flexible working arrangements within the business and communicating this openly and positively with employees and customers
  • Communicating internally and externally, with clients and through advertising in an attribute-neutral manner to attract a diverse range of applicants
  • Utilising structured, competency-based recruitment practices to ensure candidates are objectively assessed according to their skills and work experience, and matched with vacant positions requiring those skills and experiences accordingly
  • Actively seeking candidates of non-traditional gender for roles that are traditionally thought of as gendered as well as candidates seeking flexible work arrangements and of varied age groups and backgrounds

 

ASHM will take appropriate steps to ensure the proper training, supervision and instruction of employees to:

  • Familiarise them with the Workplace Behaviours Policy;
  • Ensure that they promote equal opportunity within the business and through their day-to-day work practices; and
  • Help them identify and know how to take action against discriminatory or otherwise unlawful or inappropriate acts or practices.

INCLUSION

ASHM is an inclusive employer.

ASHM is an inclusive employer and will not tolerate discrimination of any kind. Further to this,

  • ASHM will endeavour to provide inclusive opportunities to all employees throughout their employment, and base decisions that affect employee’s employment on merit and competency; and
  • ASHM is committed to doing all that we reasonably can to eliminate unlawful discrimination in the workplace.

If any allegations of discrimination are received, ASHM will treat it seriously, and deal with it confidentially and quickly.

What is unlawful discrimination?

It is important for us to be clear what we mean by discrimination.

Unlawful discrimination under federal, state and territory laws covers discrimination on the grounds of a range of personal characteristics and personal beliefs which are called “attributes”. The definition of “attribute” varies from state to state, and includes:

  • Sex
  • Marital status
  • Pregnancy
  • Race, nationality, ethnic or national origin
  • Impairment/disability
  • Parental status or status as a carer
  • Lawful religious belief or activity
  • Lawful political belief or activity
  • Age
  • Industrial activity
  • Lawful sexual activity
  • Physical features
  • Sexual orientation
  • Breastfeeding
  • Gender identity
  • Intersex status
  • Subjection to family and domestic violence
  • Personal association with person identified by reference to one of the above attributes

Unlawful discrimination can come in two forms:

“Direct discrimination” – occurs when a person with an attribute is treated less favourably than other persons without that attribute in the same or similar circumstances. Examples include deciding not to promote an employee on the basis that she is pregnant, or not offering training to an employee because they have an impairment.

“Indirect discrimination” – occurs where there is a requirement, condition or practice that has the effect of disadvantaging, or is likely to disadvantage, persons with that attribute, unless the condition or requirement is reasonable in the circumstances.

Response to Discriminatory Behaviour

If you are in a management or supervisory role and you become aware that unlawful discrimination has occurred, you are responsible for responding appropriately and in accordance with the procedure outlined within this policy. If you are unable to deal with the matter for any reason, you should refer the matter to your Manager, who will take steps to implement the procedure.

Discriminatory behaviour is never to be ignored or trivialised. All complaints must be treated seriously and responded to in accordance with the complaints procedure. If you are in a management or supervisory role and you do not carry out your duties in respect of equal opportunity, this may result in disciplinary action being taken against you.

Promotion, transfer and training

ASHM will take appropriate steps to ensure the proper training, supervision, and instruction of employees in management or supervisory roles to:

  • familiarise them with this Policy;
  • help them identify discriminatory acts or practices; and
  • ensure that they promote equal opportunity within the areas of the business for which they are responsible.

All people responsible for selecting employees for training of any type, or for transfer to other jobs, will be instructed not to unlawfully discriminate on any grounds.

If there is a promotion system in place, the assessment criteria will be examined to ensure that they do not discriminate against a particular group.

If general ability and personal qualities are the main requirements for promotion to a post, care will be taken to consider favourable candidates of all types with different career patterns and general experience.

ASHM promotion, transfer and training practices will be reviewed from time to time to assess how they are working in practice.

WORKPLACE BULLYING

Workplace bullying is a health and safety issue. Workplace bullying is unacceptable. ASHM is committed to providing all employees with a healthy and safe work environment free from bullying and intimidation. ASHM aims to ensure all those participating in the workplace are treated with respect, dignity and fairness with an aim of creating an environment which promotes positive working relationships.

This policy is designed to ensure that all employees understand what will be regarded as bullying, how complaints of bullying can be made and how claims will be treated by ASHM.

We will treat reports of workplace bullying seriously. We will respond promptly, impartially and confidentially.

This policy and procedure is not limited to the workplace or working hours, and will include all work related events which includes, but is not limited to; lunches, client functions, meetings and conferences as well as Christmas parties.

This policy also relates to, but is not limited by the following types of communication:

  • Verbal communication either over the telephone or in person in the workplace, and outside of it;
  • Written communication including; letters, notes, minutes of meetings etc.;

Internal and external electronic communication including:

  • Email;
  • Instant messaging services;
  • Internal intranet;
  • Faxes;
  • Social media and networking forums including; Facebook, LinkedIn, Twitter and other forms of social media; and
  • Communications via text message.

 

What is workplace bullying?

Workplace bullying is any repeated and unreasonable behaviour directed towards an employee or a group of employees that creates a risk to health and safety.

Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of behaviours over time.

Unreasonable behaviour means behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.

Examples of behaviour, whether intentional or unintentional, that may be workplace bullying if they are repeated, unreasonable and create a risk to health and safety include but are not limited to:

  • abusive, insulting or offensive language or comments
  • aggressive and intimidating conduct
  • belittling or humiliating comments
  • victimisation
  • practical jokes or initiation
  • unjustified criticism or complaints
  • deliberately excluding someone from work-related activities
  • withholding information that is vital for effective work performance
  • setting unreasonable timelines or constantly changing deadlines
  • setting tasks that are unreasonably below or beyond a person’s skill level
  • denying access to information, supervision, consultation or resources to the detriment of the worker spreading misinformation or malicious rumours, and changing work arrangements such as rosters and leave to deliberately inconvenience a particular worker or workers.

 

Workplace bullying can occur between workers (sideways), from managers to staff (downwards), or staff to supervisors/managers (upwards). Workplace bullying can also occur from course participants to ASHM employees.

What is not workplace bullying?

A single incident of unreasonable behaviour is not workplace bullying; however it may be repeated or escalate and so should not be ignored.

The following are not bullying:

  • any legitimate or reasonable use of:
  • performance management processes,
  • disciplinary action,
  • allocation of work,
  • implementation of business change or downsizing,
  • expressing differences of opinion in an appropriate manner,
  • action taken to transfer or redeploy an employee; or
  • a decision not to promote an employee.

 

Reporting and responding to incidents of unreasonable behaviour

ASHM is committed to providing a safe, healthy, and inclusive working environment and the prevention of workplace bullying. ASHM does not tolerate any form of workplace bullying.

ASHM has a duty of care to provide a safe workplace, and ensure, so far as is reasonably practicable, that employees and other people are not exposed to health and safety risks.

If you feel you are or have been the victim of bullying, you should follow the complaints and grievance procedure detailed in the Staff Grievance and Complaints Policy.

If you witness instances of bullying you should notify your manager and/or the CEO or P&C ([email protected]) following the steps provided in the complaints and grievance procedure.

Any reported allegations of workplace bullying will be promptly, thoroughly, and fairly dealt with.

Bullying complaints will be handled in a confidential and procedurally fair manner. Where confidentiality cannot be guaranteed this will be clearly communicated to the relevant parties.

All parties will be treated with respect.

The person against whom the allegation is made has the right to procedural fairness (the right to know what is alleged against them, the right to put their case in reply, and the right for any decision to be made by an impartial decision-maker).

Disciplinary action may be taken in accordance with the Misconduct Policy against an employee:

  • found to have engaged in workplace bullying;
  • who victimises a person making a complaint or a witness to a complaint; and
  • found to have made a frivolous or vexatious complaint.

HARASSMENT

Harassment can happen if there is unwanted conduct — whether physical, verbal or non-verbal — that has the effect, or purpose, of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

Harassment can happen among peers or co-workers, and in subordinate-supervisor, supervisor-subordinate situations. It might occur as a single incident or a series of incidents.

Examples of harassment include:

  • Physical conduct — ranging from touching to serious assault
  • Verbal and written harassment — for example, through jokes, remarks, offensive language,
  • gossip or threats
  • Visual displays — for example, posters, graffiti, obscene gestures, emblems, emails and materials downloaded from the internet
  • Isolation or non-co-operation at work, including social and other events away from our premises
  • Exclusion from social activities
  • Intrusion — pestering or spying

 

Anyone who is found to engage in harassing behaviour will be subject to disciplinary action under the Staff Grievance and Complaint Policy.

If you feel you are or have been the victim of any form of harassment, you should follow the complaints procedure detailed the Staff Grievance and Complaints Policy.

Download full document