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Workplace Harassment & Bullying Policy

A Copy of this policy is available here to download :-

Form 11 – Workplace Harassment & Bullying Policy

 

Harassment and bullying at work ruins lives and destroys workplaces.  It is up to both employees and the employer to put a stop to it.

This policy has been developed to inform employees of the expectations and their rights in regards to workplace harassment and bullying (including sexual harassment)

The business is committed to ensuring a healthy and safe workplace that is free from workplace harassment, bullying and sexual harassment.  Our aim is to provide a work environment that is pleasant for employees to work in and conducive to good workplace relations.

Any form of workplace harassment, bullying or sexual harassment is unacceptable and will not be tolerated under any circumstance by the business.

This policy has been developed to ensure that employees are:

  • aware of the different legislative requirements in regards to workplace harassment , bullying and sexual harassment
  • not subjected to any unwanted workplace harassment, bullying and sexual harassment
  • aware of what is not considered workplace harassment, bullying or sexual harassment i.e. reasonable management action.

Workplace Harassment or Bullying

Workplace harassment is sometimes called bullying, but they are one in the same thing.  Workplace harassment is when someone repeatedly does or says something to you that:

  • is unwelcome and is not invited
  • offends, intimidates, humiliates or threatens you
  • would offend, intimidate, humiliate or threaten most people if it happened to them.

Sexual Harassment

Sexual Harassment is considered to be conduct of a sexual nature:

  • with the intention of offending, humiliating or intimidating the other person, or
  • where a reasonable person would have anticipated the possibility that the other person would be offended humiliated or intimidated by the conduct.

Reasonable Person

‘Reasonable Person’ is a phrase frequently used in law to denote a hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability.

Reasonable Management Action

Reasonable management action is action taken in a reasonable way by the person’s employer in connection with the persons employment, which include but are not limited to:

  • performance management processes
  • action taken to transfer or retrench a worker
  • a decision not to provide a promotion in connection with the worker’s employment
  • disciplinary actions
  • allocated work in compliance with systems and policies
  • injury and illness processes
  • business processes, such as, workplace change or restructuring.

Managers and Supervisors:

  • must ensure that employees are not exposed to workplace harassment, bullying or sexual harassment
  • are required to personally demonstrate appropriate behaviour
  • must promote the Workplace Harassment and Bullying policy
  • must treat all complaints seriously and follow the appropriate workplace policy (refer to Complaints Procedure)
  • ensure any employee lodging a claim or is witness to a claim is not victimised.

Employee Responsibilities

All employees are required to:

  • behave responsibly by complying with this policy
  • not tolerate unacceptable behaviour
  • immediately report incidents of workplace harassment, bullying or sexual harassment to their immediate supervisor/manager or alternatively the nominated internal HR Manager (Business Services Manager) maintain privacy during investigations.
Any breach of this policy will result in disciplinary action which may include the termination of employment. 

Workplace Harassment and Bullying

It is not considered workplace harassment or bullying when someone does or says something to you:

  • once (single incidents should not be ignored or allowed, however they are not considered harassment for the purposes of this legislation)
  • that is discrimination or sexual harassment (this is covered under different legislation)
  • that is reasonable management action carried out in a fair way.

What are some of the behaviours?

Behaviours that may be part of workplace harassment include, but are not limited to, where the behaviour is repeated or occurs as part of a pattern of behaviour:

  • insults you loudly (when others are present)
  • repeated threats of dismissal or other severe punishment for no reason
  • constant ridicule and being put down
  • leaving offensive messages on email or the telephone
  • sabotaging a person’s work eg deliberately withholding or supplying incorrect information, hiding documents or equipment, not passing on messages and getting the person in to trouble other ways
  • maliciously excluding and isolating a person from workplace activities
  • persistent and unjustified criticisms, often about petty, irrelevant or insignificant matters
  • humiliating a person you through gestures, sarcasm, criticism and insults (especially in front of others)
  • spreading gossip or false, malicious rumours about a person with an intent to cause the person harm.

Sexual Harassment

It is not considered sexual harassment if the conduct is of a sexual nature is between two consenting adults.  However, it is considered sexual harassment if the conduct of a sexual nature includes but is not limited to:

  • an unsolicited act of physical intimacy
  • a demand or request for sexual favours
  • a remark with sexual connotations
  • any other unwelcome conduct of a sexual nature
  • sexual harassment does not have to be deliberate or repeating or ongoing to be against the law.

Who could harass you?

You can be harassed by your employer, co-worker, group of co-workers, a subordinate, client/customer or member of the public.

Complaint Procedures

BG Brisbane is committed to handling all complaints promptly, professionally and confidentially. 

An employee who is being harassed should contact their direct supervisor or Andrea in HR.   Allegations of harassment or bullying will be treated in the strictness of confidence and will be promptly investigated. If allegations are proven, then appropriate warnings and disciplinary action will be taken against the harasser. Disciplinary action may include dismissal. You will not be victimised or treated unfairly for making a complaint. If you are not satisfied with the way that B G Brisbane has dealt with your complaint you can seek further advice from the Department of Industrial Relations by calling 1300 369 945.

An anonymous grievance box is located in the C Block Staff room for any employee to submit a complaint, concern or any other issue they would like to raise anonymously regarding their employment.  Their will be no judgement or repercussions in utilising this anonymous box and it will be regularly checked throughout the year.  Issues that have been raised will be addressed with in a timely manner, however we do wish to make a point that this box is for serious matters only and we hope that you respect that when submitting your concerns.  This box is only if you wish to report your issues anonymously please feel free to openly discuss and approach any business owners or senior staff at any time if you have a concern with your employment, especially if it is impacting your health and wellbeing.