Prevention of Workplace Discrimination Bullying and ...



Prevention of Workplace Discrimination, Bullying and Harassment Policy1Applies to All workers engaged by Calvary Public Hospital Bruce (CPHB) including managers and supervisors; full-time, part-time or casual, temporary or permanent employees, persons on secondment, labour hire/agency staff including locums; job candidates; students on placements; apprentices; contractors and volunteers/sponsored guests (unpaid employees).All aspects of employment, recruitment and selection; conditions and benefits; training and promotion; task allocation; shifts; hours; leave arrangements; workload; equipment and transport.On-site, off-site or after hours work; work-related social functions; conferences – wherever and whenever employees may be as a result of CPHB duties.Employees’ treatment of other Calvary staff, of patients, Territory, State and Federal employees and of other members of the public encountered in the course of their CPHB duties.2PurposeConsistent with our Values of Hospitality, Healing, Stewardship and Respect, Calvary is committed to promoting a healthy and safe work environment. In this environment, everyone has a right to be treated fairly and with respect. Discrimination, bullying and harassment in any form will not be tolerated in CPHB workplaces. This includes on, off-site or after hours work including whenever and wherever an employee may be as a result of their CPHB role.The purpose of the policy is to provide a safe, equitable and respectful work environment for employees free from all forms of discrimination, bullying and harassment. Through this policy, CPHB recognises the importance of diversity in the workplace, and respects the contribution made to the workplace by all employees.3ResponsibilitiesResponsible group 1: All employees must:Promote and uphold Calvary’s Code of Conduct and standards of behaviour outlined in relevant legislation.Familiarise themselves with this policy and associated resources relating to the prevention, reporting and handling of unacceptable behaviour that may constitute as workplace discrimination, bullying and harassment.Abide by CPHB’s commitment to preventing unacceptable behaviour by speaking out if: they witness such behaviour; if they are advised of it occurring; or if it is reported to them.Offer support to other employees who experience discrimination, bullying or sexual harassment, including providing information about how to make a complaint.Not raise an issue or make a complaint that is vexatious.Avoid gossip and respect the confidentiality of complaint resolution procedures.Understand their own behaviour and how it may be perceived by, and impact on others at work.Responsible group 2: All Immediate and/or Department Managers (“The Manager”) must:Model appropriate standards of behaviour.Manage and educate their teams so that employees are aware of their obligations under this policy and the law.Ensure the policy is communicated to their employees?and they know where to find the policy.Take action quickly and appropriately when they become aware of unacceptable behaviour or misconduct.Act fairly to resolve issues and enforce workplace behavioural standards, making sure relevant parties are heard.Help employees resolve complaints in their workplace at the local level.Ensure employees who raise an issue or make a complaint are not victimised or vilified.Ensure that recruitment decisions are based on merit and that no discriminatory requests for information are made.Refer more complex matters about breaches of this policy to Human Resources for investigation.4PolicyDiscrimination, bullying and harassment are unacceptable at CPHB and are unlawful under the following legislation:Sex Discrimination Act 1984 (Cwlth)Racial Discrimination Act 1975 (Cwlth)Disability Discrimination Act 1992 (Cwlth)Age Discrimination Act 2004 (Cwlth)Australian Human Rights Commission Act 1986 (Cwlth)Work Health and Safety Act 2011 (ACT)Human Rights Act 2004 (ACT) Discrimination Act 1991 (ACT) Bullying and harassment is a breach of the discrimination and equal opportunity legislation and may lead to breaches of WHS legislation and any other relevant legislation. Bullying and harassment is also a breach of Calvary’s Code of Conduct and employment conditions. CPHB considers discrimination, bullying and harassment as unacceptable behaviours and has zero tolerance of these behaviours in the workplace. CPHB has a stated expectation that employees neither ignore nor condone poor behaviour. In line with this expectation, employees who observe, or are advised of unacceptable behaviour have an obligation to report that behaviour. This reporting can occur via the employee’s manager or through Calvary’s Riskman Staff to Staff Incident Behaviour Reporting Module. The system has the ability for employees to select an alternative senior manager as the recipient of the reported incident if required. All reports relating to unacceptable behaviour are confidentially submitted through Riskman are automatically sent to Director People & Organisational Development, Manager Workplace Relations, Health Safety & Wellbeing Manager. CPHB offers support to both employees and managers who raise or address unacceptable behaviour. This support includes protection and anonymity for those who make complaints in good faith (not vexatious or malicious). To ensure compliance with the principles set out in the legislation, and the relevant provisions in the enterprise agreements, CPHB seeks to build a work environment free from harassment, bullying and discrimination. All CPHB staff to whom this policy applies, must comply with relevant legislation and Calvary’s Code of Conduct as a condition of engagement. Any breach may be viewed and managed as misconduct or serious misconduct. Employees found to have engaged in such conduct might be counselled, warned or disciplined. Severe or repeated breaches can lead to formal disciplinary action up to and including dismissal. All discrimination, bullying and harassment complaints will be treated seriously, professionally and confidentially. All complaints will be managed in accordance with the principles of natural justice and procedural fairness. Allegations or complaints will be resolved at the local level wherever possible.This policy does not limit the right of employees to seek advice and/or assistance from a professional association, union or other external agency. 4.1What is not Discrimination, Bullying or Harassment?It is important to differentiate between a Manager’s legitimate work authority and unacceptable behaviour that may constitute discrimination, bullying and harassment. All employers have a legal right to reasonably direct and control how work is done and Managers have a responsibility to monitor work flows and give feedback on performance. It is also important to recognise that disagreements or differences of opinion between employees (including managers and employees) does not always equate or automatically constitute unacceptable behaviour or misconduct. For instance, constructive feedback on work performance and behaviour or robust and courageous discussions are a characteristic of a productive, self-reflective workplace. Reasonable management actions should therefore not be considered inappropriate simply because they are challenging or confronting for some employees. Some examples of reasonable management action include: implementing organisational changessetting reasonable performance standards and achievable deadlinesmaking justifiable and reasonable decisions in relation to recruitment, selection, promotion and development opportunitiescounselling employees about underperformance or unsatisfactory work performance or behaviourtaking action to manage and resolve workplace issues in accordance with CPHB policies and proceduresallocating work and rostering working hours.4.2DiscriminationDiscrimination is treating, or proposing to treat, someone unfavourably because of a protected attribute established by law, such as sex, age, race or disability. The key feature that distinguishes discrimination from bullying is that discrimination may occur as a single event.Discrimination may occur:Directly, when a person or group is treated less favourably than another person or group in a similar situation because of an attribute protected by law.Indirectly, when an unreasonable requirement, condition or practice is imposed that has, or is likely to have, the effect of disadvantaging people with an attribute protected by law.Protected attributes under Federal discrimination law include:a disability, disease or injury, including work-related injuryparental status or status as a carer, for example, because they are responsible for caring for a person with a disability, children or other family membersrace, colour, descent, national origin, or ethnic backgroundage, whether young or old, or because of a characteristic associated with age in generalsexindustrial activity, including being a member of an industrial organisation like a trade union or chamber of commerce or taking part in industrial activity, or deciding not to join a unionreligionpregnancy and breastfeeding sexual orientation, intersex status or gender identity, including gay, lesbian, bisexual, transsexual, transgender, queer and heterosexualmarital status, whether married, divorced, unmarried or in a de facto relationship or same sex relationshippolitical opinion or convictionsocial originmedical recordassociation with someone who has, or is assumed to have, one of these attributes.Protected attributes under ACT discrimination law include:the need for an assistance animal (ie: guide or hearing dog)accommodation statusemployment statusbeing a family or domestic violence victimparent, family, carer or kinship responsibilitiespregnancy (including potential pregnancy)a disability (including physical, sensory, learning and intellectual disability, mental illness, medical conditions, disease, illness or disorder, work related injury, temporary or permanent disability, past, present and possible future disability)immigration statusintersex statusspent convictionphysical featuresan association that an employee may have with another employee who has an attribute listed above.Alert: It is against the law to treat someone unfavourably because you assume they have had an attribute or you think they may have it at some time in the future.4.3BullyingBullying can be a range of undesirable behaviours which a reasonable person considers to be offensive, intimidating, humiliating or threatening. Bullying generally has the following key features: it is repeated, unwelcome and unsolicited. Bullying can take many forms, including jokes, teasing, nicknames, emails, pictures, text messages, social isolation or ignoring people, or unfair work practices. Bullying behaviour can create a risk to health and safety (including physical or psychological harm). If someone is being bullied because of an attribute protected by equal opportunity law (as above), it is a form of discrimination. Under Federal law, this behaviour does not have to be repeated to be discrimination – it may be a one-off event.Behaviours that may constitute bullying include:sarcasm and other forms of demeaning languagethreats, abuse or shoutingcoercionisolationinappropriate blamingganging upconstant unconstructive criticismdeliberately withholding information or equipment that a person needs to do their job or access their entitlementsunreasonable refusal of requests for leave, training or other workplace benefits.Alert: All complaints are treated seriously. Bullying, harassment and discrimination are unacceptable at CPHB.4.4HarassmentHarassment is unwanted or unwelcome behaviour that a reasonable person, having regard to all circumstances, would consider offensive, insulting, humiliating or intimidating. There does not have to be an intention to offend or harass for harassment to occur. Behaviour that is deemed harassing in nature can range from serious to less significant. Harassment may be a repeated or a single event. Harassment may also be a result of a person’s attitude to some real or perceived attribute, difference or characteristic as outlined in this policy in accordance with Territory and Federal legislation. Harassment may also take other forms, for example:insulting comments or teasing about characteristics, abilities or mannerisms of an employeedisparaging comments about an employee’s work or capacity for workteasing or spreading of malicious rumours or public statements of a derogatory nature about an employeeinterference with an employee’s workplace, work materials, equipment or propertyexclusions from normal conversation, workplace activities or work-related social activities without good reasonoffensive images, text messages, emails, screensavers, posters or other hard or soft copy materialmaking a vexatious or malicious complaint against a person, andcausing detriment to a person because they have made a complaint in good faith.4.5Sexual harassment Sexual harassment is a specific and serious form of harassment. It is unwelcome or uninvited behaviour of a sexual nature, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, spoken or written and may be repeated or a single event. It can include:comments about a person’s private life or the way they looksexually suggestive behaviour, such as leering or staringbrushing up against someone, touching, fondling or huggingsexually suggestive comments or jokesdisplaying offensive screen savers, photos, calendars or objectsrepeated unwanted requests to go outrequests for sexsexually explicit posts on social networking sitesinsults or taunts of a sexual natureintrusive questions or statements about a person’s private lifesending sexually explicit emails or text messagesinappropriate advances on social networking sitesaccessing sexually explicit internet sites, andbehaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.When someone does not object to unacceptable behaviour in the workplace at the time, it does not mean that they are consenting to the behaviour.Sexual harassment is workplace-related regardless of whether it happens at work, at work-related events, between people sharing the same workplace, or between colleagues outside of work.All employees and volunteers have the same rights and responsibilities in relation to sexual harassment.A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated.All incidents of sexual harassment – no matter how large or small or who is involved – require employees and managers to respond quickly and appropriately.Alert: CPHB recognises that comments and behaviour that do not offend one person can offend another. This policy requires all employees to respect each other.4.6Victimisation and vilificationVictimisation is subjecting or threatening to disadvantage someone because they have:asserted their rights under equal opportunity lawmade a complainthelped someone else make a complaint, or refused to carry out an act because it would be discrimination, sexual harassment or victimisation. Victimisation is against the law. Victimisation is also defined as threatening someone (such as a witness) who may be involved in investigating an equal opportunity concern or complaint. Vilification is now unlawful in the ACT. Vilification is defined as behaviour which incites hatred or serious contempt against someone on the basis of attributes referenced in the definitions outlined in the Discrimination Act 1991 (ACT).Victimisation and/or vilification are a serious breaches of this policy and are likely (dependant on the severity and circumstances) to result in formal discipline against the person found responsible for such behaviour.Alert: CPHB has zero tolerance approach to victimisation and vilification. 4.7GossipGossip is a serious breach of this policy and may lead to formal discipline. Gossip is broadly known as spreading rumour, innuendo and “tattling”. Gossip also occurs where the confidentiality of a formal complaint or investigation is breached. It might also be where personal information is inappropriately disclosed by employees (including between managers and/or between employees). Gossip is also not limited to these behaviours listed above.Alert: It is unacceptable for employees at CPHB to talk with other people about any complaint of discrimination, bullying or harassment.4.8Vexatious complaintsA vexatious or malicious complaint may be found to be a form of harassment, bullying or discrimination. A complaint may be found to be vexatious and/or malicious where there are no grounds or basis to the complaint, upon investigation (refer to Responsible Group 2). Such complaints can have a detrimental effect on morale, workplace relationships and the physical and psychological wellbeing of all employees, including those who may not be directly involved in the complaint. If an employee makes a complaint that is found to be vexatious and/or malicious, they may be the person responsible for the discriminating, bullying or harassing behaviour. This person may have as such breached this policy. Such complaints may lead to formal discipline of the complainant.5.Merit at Calvary Public Hospital BruceIt is unacceptable and may be against the law to ask job candidates or existing employees questions, or in any other way seek information, about protected attributes unless this can be shown to be directly relevant to an inherent requirement of the position.Alert: All recruitment and job selection decisions at CPHB are based on merit – being the capabilities, skillset, attitudes and behaviours of the candidate as measured against the inherent requirements of the position.6.Resolving issues at Calvary Public Hospital BruceCPHB strongly encourages any employee who believes they have been discriminated against, bullied, harassed, sexually harassed, victimised or vilified to take appropriate action.Employees who do not feel safe or confident to take such action may seek assistance from the Human Resources Department and/or Director People and Organisational Development for confidential advice and support. 6.1Making a complaint CPHB is committed to providing a safe, equitable and respectful work environment free from all forms of discrimination, bullying and harassment. CPHB has a stated expectation that workers neither ignore nor condone inappropriate behaviour. To encourage all workers who may observe or are advised of, unacceptable behaviour to fulfil their obligation to report that behaviour, the following complaint mechanisms are available:Complaints should be usually made to the manager for immediate and early resolution.However if the complaint is against the manager or there is a conflict of interest the complaint should be made through the Riskman Staff to Staff Incident Behaviour Reporting Module. All workers are encouraged to access a Respect Equity and Diversity Contact Officer via confidential email: REDCO@calvary-.au. Alternatively, employees (both paid and unpaid) can contact:Director, People & Organisational Development on 6264 7239.Health, Safety and Wellbeing Manager on 6201 6750.Senior Manager HR & Learning on 62647262.Workplace Relations Manager on 62016120, or The Human Resources Department on 62016122.If the avenues above are impractical due to the circumstances, workers should report the incident via the Riskman Staff to Staff Incident Behaviour Reporting Module.6.2Employee assistance program CPHB employees and their families are entitled to free confidential counselling sessions under our employee assistance program regardless of whether the issue is related to work. All employee assistance program counselling is confidential and nothing discussed with a counsellor will be communicated back to CPHB. To access the employee assistance program, contact EAP on call?1300 361 008?to make a confidential?appointment.To support CPHB managers and supervisors in proactively managing staff, Calvary offers a telephone based ‘helpline’ contracted to EAP called Manager Hotline. This has been established to confidentially support managers as they work to achieve good working relationships with their staff for improved team performance and productivity. The EAP Manager Hotline is 1300 361 008. 5Related Calvary DocumentsCode of Conduct (Calvary National)Riskman Staff to Staff Incident Behaviour Reporting ModuleEmployee Assistance Program information available at ’s Guide to the Employee Assistance Program available at: ’s information gateway for all employees: CPHB New Starter Portal: Diversity Policy (Calvary National)Aggression Management Procedure6DefinitionsBullying is defined as a range of behaviours which has the potential to cause harm to the person experiencing the behaviour and is that which a reasonable person would consider offensive, intimidating, humiliating or threatening. It is undesirable behaviour which generally is repeated, unwelcome and unsolicited and occurs between employees within the same organisation. Bullying has the potential to cause harm to those experiencing the behaviour. The key feature that distinguishing discrimination from bullying is that discrimination may occur as a single event. Discrimination refers to the unfavourable, unjust or prejudicial treatment of individual persons or different categories of people.? Discrimination disadvantages people or groups of people based on protected attributes and characteristics and can be a single or repeated event.? Disciplinary action refers to action which is taken after an independent delegate determines that an alleged behaviour has occurred based upon the findings of an investigation. Employees for the purposes of this policy refers to:All CPHB employees;Contractors and subcontractors;Unpaid employees (volunteers and sponsored guests);Labour hire/agency staff including locums;Persons on secondment; andStudents and apprenticesEmployment Conditions – employees of CPHB are employed under the provisions of the ACT Public Service's Enterprise Agreements, the Public Sector Management Act 1994 (ACT) and Public Sector Management Standards 2006 (ACT).Harassment is a form of workplace bullying that involves unreasonable and repeated behaviour directed at a person or group of people on the basis of their attributes. As mentioned in this policy, legislation protects individuals from harassment. Local level refers to issues that are resolved within the work area without the involvement of misconduct processes. Misconduct as outlined in the enterprise agreements, includes any of the following:The employee fails to meet the obligations set out in Section 9 of Public Sector Management Act 1994 (this includes bullying, harassment or discrimination);The employee engages in conduct that has brought, or is likely to bring disreputeA period of authorised absence and the employee does not offer a satisfactory reason on return to workThe employee is convicted of a criminal offence or where a court finds that an employee has committed an offence but a conviction is not recorded, taking into account the circumstances and seriousness of the offence, the duties of the employee and the interests of the organisation. Malicious means deliberate, mischievous and unjustified action characterised by desire to inflict harm or suffering. Natural justice is that which ensures that fairness is provided to all parties involved in the management and resolution of unacceptable behaviour and/or misconduct. The application of natural justice ensures that processes are managed and decisions are made with an absence of bias (whether it be perceived or real).Procedural fairness refers to the principles of fairness and neutrality which include: the right to be heard; the right to be treated without prejudice; the right to be informed of allegations being made; being given the opportunity to respond to allegations; and the right to enquire about the status of complaint/s made against you. Reasonable management actions are actions that are taken by management in a fair and equitable way and that relate to the direction and control of how work is done.Respect, Equity and Diversity Contact Officer is a trained contact officer who is available to assist those who may be experiencing workplace issues that may be deemed inappropriate in nature.Respect, Equity and Diversity Framework is a framework for employees with information relating to treating others with respect in the workplace and preventing unacceptable behaviour.Riskman Staff to Staff Incident Behaviour Reporting Module is Calvary’s designated online reporting system that provides all employees a confidential mechanism to report suspected incidents of unacceptable behaviour. Serious misconduct as outlined in the relevant enterprise agreements, refers to conduct which is so serious that it may be inconsistent with the continuation of the employee’s employment. Serious misconduct includes but is not limited to the kinds of serious misconduct defined in the Fair Work Regulations. Sexual harassment as outlined in this policy and defined in legislation is a specific and serious form of harassment which is unwanted or unwelcome sexual behaviour where a reasonable person would have anticipated the possibility that the person harassed would feel offended, humiliated or intimidated. This might occur on a repeated basis or as a single event. It has nothing to do with mutual attraction or consensual behaviour. Underperformance as outlined in the relevant enterprise agreements, amounts to a failure to perform the duties of the position to the required standard.Vexatious complaint is one where it is found that there are no grounds or basis to the complaint. A vexatious complaint services only to harass or cause annoyance.Victimisation is when someone subjects or threatens to subject the other person to any disadvantage. It is against the law to punish or threaten to punish someone because they have: asserted their rights under equal opportunity law; made a complaint; helped someone else make a complaint; refused to do something because it would be discrimination, sexual harassment or victimisation. Vilification is unlawful in the ACT. Vilification is behaviour that incites hatred or serious contempt against someone on the grounds of disability, HIV/AIDS status, race, gender identity, religious conviction, sexuality and intersex status.Worker is a person who carries out work in any capacity for a person conducting a business or undertaking, including: employees; contractors or subcontractors; labour hire employees; volunteers; sponsored guests and vocational/undergraduate students. (Source: ACTPS Resolving Workplace Issues resources)7ReferencesACT Public Service Administrative & Related Classifications Enterprise Agreement 2013 - 2017 (Accessed on 27.10.17)ACT Public Service Support Services Staff Enterprise Agreement 2013 - 2017 (Accessed on 27.10.17)ACT Public Service Nursing & Midwifery Enterprise Agreement 2013 - 2017 (Accessed on 27.10.17)ACT Public Sector Health Professional Enterprise Agreement 2013 - 2017 (Accessed on 27.10.17)ACT Public Sector Medical Practitioners Enterprise Agreement 2013-2017 (Accessed on 27.10.17)ACT Public Sector Technical and Other Professional Enterprise Agreement 2013-2017 (Accessed on 27.10.17)ACT Public Sector Infrastructure Services Enterprise Agreement 2013 - 2017 (Accessed on 27.10.17)Public Sector Management Act 1994 (ACT)Public Sector Management Standards 2006 (ACT)Sex Discrimination Act 1984 (Cwlth) (Date accessed 27.11.17)Racial Discrimination Act 1975 (Cwlth) (Date accessed 27.11.17)Disability Discrimination Act 1992 (Cwlth) (Date accessed 27.11.17)Age Discrimination Act 2004 (Cwlth) (Date accessed 27.11.17)Australian Human Rights Commission Act 1986 (Cwlth) (Date accessed 27.11.17)Work Health and Safety Act 2011 (ACT) (Date accessed 14.11.17)Work Health and Safety (Preventing and Responding to Bullying) Code of Practice 2012: (Date accessed 14.11.17)Human Rights Act 2004 (ACT) (Date accessed 27.11.17)Discrimination Act 1991 (ACT) (Date accessed 27.11.17)Health Practitioner Regulation National Law Act 2010 (ACT) Federal Human Rights Commission: (Date accessed 17.10.17)ACT Human Rights Commission: (Date accessed 10.11.17)Fair Work Commission: (Date accessed 17.10.17)ACT Health Policy ‘Respect at Work – Resolving Workplace Issues’ DDG 17-003ACT Public Service ‘Resolving Workplace Issues’ suite of resources available on the ACTPS Employment Portal: (Date accessed 15.11.17) ................
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