PowerPoint Presentation

Respectful Workplace - Your Rights and Responsibilities

What is Equal Opportunity?

Equal Opportunity PrinciplesFairnessRespectEquityMeritInclusivenessDiversityTolerance

Equal Opportunity Policy

Responsibilities of all staff Treat each other fairly and with respect Do not discriminate against, harass, sexually harass or bully other staff members Understand how behaviour and attitude can impact on others Discuss any concerns you have with a contact officer or appropriate person

Legislation - Victoria Equal Opportunity Act (Vic)

Occupational Health and Safety Act (Vic)

Fair Work Act

Key Definitions Discrimination Harassment Sexual Harassment Bullying Victimisation

Scope of Legislation Employment Goods and services Education Accommodation Clubs and club membership Sport Disposal of land Local government

Employment is: Recruitment, selection, promotion Redundancies Working conditions Leave Rostering and allocation of tasks Meetings, meeting times Any other benefit of employment

Direct DiscriminationTreating, or proposing, to treat someone unfairly or less favorably because of their actual or assumed attribute

Indirect DiscriminationA requirement or condition or practice that:

Applies to everyone Has a disproportionately negative impact on people with particular attributes; and Is unreasonable

AttributesDisabilityAgeSexRacePhysical featuresMarital statusGender identitySexual orientationLawful sexual activity Parental status Carer status Pregnancy Breastfeeding Industrial activity Political belief/activity Religious belief/activity Employment Activity

* personal association with the above

Sexual Harassment Sexual Harassment is: Unwelcome conduct of a sexual nature in circumstances where a reasonable person, having regard to all of the circumstances, would anticipate that the other person would be offended, humiliated or intimidated.

Forms of Sexual Harassment Email messages, screen savers Gifts Physical conduct - touching Demands for sexual favors or for out of work social activities Offensive or demeaning comments, questions, jokes, innuendo Comments or questions about a persons sexual activities Any sexually graphic pictures

HarassmentAny form of behaviour that is unwanted and likely to create an uncomfortable or hostile workplace by:

humiliating seriously embarrassing offending; or intimidating a person and

that happens because of their attributes protected by law

Workplace Bullying IA worker is bullied at work if an individual or a group of individuals repeatedly behave unreasonably towards a worker, or a group of workers which the worker is a member and that behaviour creates a risk to health and safety.

Workplace Bullying IIIt is important to note the following:

there must be repeated behaviour;the behaviour must be unreasonable; andthat behaviour must create a risk to health and safety.

Bullying is not If the conduct complained of is reasonable management action carried out in a reasonable manner . that conduct does not contravene the workplace bullying provisions.

Favouritism Unfair allocation Name calling Initiation of tasks rights

SUBTLE

OBVIOUSOstracising Unwarranted/ Denial of Physical excessive criticism benefits assault

Forms of Bullying Verbal abuse Spreading malicious rumors Excluding, ostracising, ignoring employees Performance counseling staff in public Assigning meaningless tasks unrelated to the job Giving some employees impossible assignments Changing work rosters to inconvenience employees Withholding vital information or resources

VictimisationTreating someone less favourably because they have or intend to: Make a complaint Be a witness to a complaint Act in good faith in bringing information or an allegation under legislation Refuse to breach EO legislation

What is the workplace? Extends beyond physical boundaries Extends beyond the set times of work

Eg: includes staff meetings, conferences, Christmas parties .

Personal LiabilityIndividuals will be held responsible for their own behaviour at work and work-related functions

Breaches of policy or the law may lead to them being required to:

Change their behaviour Apologise Face workplace discipline Pay compensation (through VEO&HRC or VCAT)

Leaders ResponsibilityRole model appropriate behaviourPromote Policies Be alert to language, practices, attitudes or behaviour that create an environment where harassment and bullying can occurIntervene in inappropriate behaviourCreate an environment where harassment is less likely to happenRespond to and resolve any complaints

Accessory LiabilityA person must not request, instruct, induce, encourage, authorise or assist another person to discriminate, sexually harass or victimise another

To comply with such a request could result in a complaint being lodged against both parties

Employer ResponsibilitiesVicarious liability -If a person, in the course of employment, engages in discriminatory conduct, sexual harassment or victimisation, both the person and the employer are liable and a complaint may be lodged against either or both of them

Exception -In order to discharge liability employers must take reasonable precautions to prevent employees from discriminating or harassing others

Who staff can talk to?Another ManagerVEOHRCUnionComplainantRespondent HR Manager

ContactOfficer

Complaints ProcedureInformal Procedure Raising your complaint with an appropriate person

Formal Procedure Investigation of the complaint - independent and impartial person

Possible Outcomes Appropriate action which may include disciplinary action

Further Informationwww.fairwork.gov.auwww.humanrightscommission.vic.gov.au

Complete SurveyPlease complete survey by clicking on the following link.https://www.surveymonkey.com/s/HM5VYCK