Discrimination, Harassment and Bullying Policy & Complaints Procedure Guidelines

Policy Owner	Human Resources
Last Reviewed	June 2020
Version	1

Discrimination, Harassment & Bullying Policy & Complaints Procedural Guidelines

Purpose

At Oz Security, we aim to:

foster an environment where all of our People and our customers are treated with dignity, courtesy and respect;
provide a workplace where all aspects of our operations are guided by equal employment opportunity (EEO) principles;
promote, educate and inform our People about appropriate standards of conduct at all times;
inform our People of the consequences of engaging in unlawful discrimination, harassment or bullying or other conduct in breach of this Policy;
encourage reporting of inappropriate behaviour and treat any reports of inappropriate behaviour seriously and with sensitivity;
provide guidance to any individual who feels they have been unlawfully discriminated against, harassed, victimised or bullied or who have witnessed such conduct occurring; and
provide an effective procedure for resolving complaints in a fair and timely manner, as confidentially as possible with protection from victimisation or reprisals.

The purpose of this Policy is therefore to enable all individuals to work in a productive and collaborative environment which allows them to utilise their skills and experience to achieve optimum performance levels and job satisfaction.

This is founded on our commitment for providing all Oz Security People with a healthy and safe work environment which is free from unlawful discrimination, harassment, bullying and victimisation.

Policy

Oz Security will not tolerate any form of unlawful discrimination, vilification, harassment, bullying, or victimisation in our workplace, or outside of our workplace at work-related projects or events.

This Policy describes what equal employment opportunity, discrimination, vilification, harassment, bullying, and victimisation are and provides guidance regarding the steps you can take if you believe you have experienced or witnessed any of these types of inappropriate conduct.

Disciplinary action, up to and including termination of employment or engagement, may be taken against any person found to be in breach of this Policy.

We will always endeavour to comply with all relevant Anti-discrimination, Equal Employment Opportunity, and Health & Safety legislation as it applies to the various locations where our People are located. In some circumstances, breach of this Policy may also be found to be unlawful and may lead to legal action being taken against the individual(s) found to be involved and Oz Security. Where this is the case, the Complaints Procedure described in this Policy at Clause 11, or within a relevant award or enterprise agreement, may be superseded by required legal proceedings.

Scope

Who is covered by this Policy?

The Discrimination, Harassment & Bullying Policy applies to all employees across Australia, and to the extent relevant, to all consultants and contractors who have been engaged to provide services to Oz Security and our related companies.

Where an employee is covered by an award or enterprise agreement, the content and intent of the award or enterprise agreement will prevail over this Policy and Complaints Procedure to the extent of any inconsistencies.

When does this Policy apply?

The application of this Policy is not limited to the workplace or standard working hours. As representatives of Oz Security, all individuals are expected to follow this Policy when working not only at their usual work location, but also in circumstances such as, but not limited to:

travelling for work, or when working offsite or at a client’s workplace;
time spent in training or at a conference;
when publishing social media or electronic content that can reasonably be associated with Oz Security or Oz Security’s People;
attending a work-related social event or function during or outside of working hours; or
potentially, time spent with colleagues before or after an official work-related social event or function, dependent on circumstances.

What locations are covered by this Policy?

In Australia, Oz Security is bound by legislation which covers equality, bullying, discrimination, vilification, harassment and victimisation and therefore all of Oz Security’s People across all locations throughout Australia are covered by this Policy.

Responsibilities

General responsibilities

All individuals are responsible for promoting the intent and spirit of this Policy by treating each other courteously, fairly and with respect. It is the responsibility of all to:

comply with this Policy;
recognise that behaviours, remarks, gestures, jokes, images, etc. that seem acceptable to some people may be embarrassing, offensive and/or unwanted by others;
report any instances of unlawful discrimination, harassment or bullying that you witness or that you experience personally, to your line Manager or the next, higher level of management; and
maintain confidentiality if providing information in relation to an investigation of a complaint regarding an actual or potential breach of this Policy.

Reporting responsibilities

All Employees, Consultants and Contractors: are responsible for reporting any incidence of discrimination, harassment, victimisation, or bullying whether they have experienced it directly, or they have witnessed it occurring to another individual. Reports can be made verbally or in writing. Please see the Complaints Procedure at Clause 11 of this policy for more information.

We encourage the reporting of any matters experienced or witnessed, even if you are unsure whether the conduct is inappropriate, so that an applicable course of action can be decided.

All Managers/Supervisors: who receive a verbal or written report of an incidence of discrimination, harassment, victimisation or bullying are required to notify a member of the Human Resources Team immediately, or as soon as reasonably practicable, following a report being made. Importantly, every report must be discussed with a member of the Human Resources Team.

Human Resources Team: are responsible for providing procedurally relevant guidance and support in the resolution of any reported situation.

Equal Employment Opportunity

What is equal employment opportunity (EEO)?

EEO refers to an employee’s and prospective employee’s right to be treated fairly and equitably, with decisions regarding their employment based on their skills, qualifications and experience, (ie. merit), to meet the required minimum standards of the job. EEO also means, that employees and prospective employees are judged on their ability to do the job based on merit, rather than being judged on assumptions about them because of protected attributes such as their gender, race, marital status, disability, etc. (please see a full list of Protected Attributes in Clause 6).

We believe that our commitment to EEO at Oz Security enriches our business and improves our success by:

attracting and retaining the best possible employees for the job;
providing a safe, tolerant and flexible work environment; and
delivering our products and services in a safe, respectful and flexible way.

The main areas of employment to which EEO applies include:
conditions of employment;

recruitment;
training; and
promotion and/or transfer.

Equal Employment Opportunity Policy

Oz Security is committed to providing EEO for all employees without unlawful discrimination or harassment, in line with EEO principles and relevant anti-discrimination legislation.

Oz Security will make reasonable accommodations for persons with disabilities in accordance with applicable legislation.

Oz Security monitors data in relation to equality and from time to time reports this to statutory bodies, as required

Equal Employment Opportunity in Action

Oz Security aims to base all recruitment, selection, transfer and promotion decisions on qualifications, experience, and ability to perform the occupational requirements of the position. Oz Security aims to provide EEO without discrimination and without endangering the safety of individuals.

Our objective in providing fair and equitable treatment for all of our People is evident in every aspect of the employment relationship or engagement, which may include recruitment, selection, transfer, access to facilities and services, performance management, training, remuneration, promotion and termination.

Responsibilities and complaints regarding EEO are covered under this broader Discrimination, Harassment, and Bullying Policy, of which EEO is a part.

Discrimination

What is Discrimination?

Unlawful discrimination at work occurs when an individual or group of people are subject to disadvantage because of a protected attribute. Unlawful discrimination may be direct or indirect, as set out below.

Protected Attributes

The following attributes are protected in Australia under state and federal legislation:
Race (including colour, descent, social or ethnic origin or nationality);
Sex, sexual preference or lawful sexual activity;
Gender Identity;
Marital status; (single, separated, married, divorced, widowed, de facto);
Parental status;
Pregnancy (including potential pregnancy) or breastfeeding;
Family or carer responsibilities;
Age;
Physical or mental disability, including medical record;
HIV/AIDS;
Religion, religious belief or activity;
Political belief or activity;
Industrial activity or trade union membership;
Irrelevant criminal record;
Physical features; and
Personal association with a person who has one of the above attributes.

Discrimination can occur when individual actions, behaviour or decisions are based on prejudice or stereotypical thinking. Discrimination may be direct or indirect, it may be a one-off occurrence or systematic, and it may be obvious or not as easy to notice.

Discrimination whether it be direct or indirect, taken because of any of these protected attributes is unlawful (as amended from time to time) and is prohibited in employment or in the provision of goods and services.

Responsibilities and complaints regarding Discrimination are covered under this broader Discrimination, Harassment, and Bullying Policy, of which Discrimination is a part.

All forms of unlawful discrimination are unacceptable at Oz Security and will not be tolerated. Oz Security will endeavour to investigate all genuine allegations of unlawful discrimination and if substantiated, appropriate disciplinary action will be taken, up to and including termination of employment.

What is direct discrimination?

Direct discrimination occurs when someone, or a group of people, are treated less favourably than another person or group because of a protected attribute.

Examples of direct discrimination:

Not hiring someone because you think they are too old to do the job, even though they have the skills to do the job and are the best candidate.
Failing to give a female employee a deserved promotion because she has children, or because she is pregnant, or because you have heard she intends to become pregnant.
Not providing training opportunities to someone who has a disability or impairment while offering able bodied staff, doing a similar job, and training.

What is Indirect discrimination?

Indirect discrimination occurs when a condition, practice, requirement or policy that may appear to be fair and neutral, disadvantages a particular group of people with a protected attribute when it is applied.

Examples of Indirect discrimination:

Deciding to make all part-time staff redundant during a restructure when the majority of parttime staff are female – this may indirectly discriminate against a group of people on the basis of their gender.
Scheduling meetings at 7am or 7pm when some employees with children may be unable to attend – this may mean those employees are unintentionally excluded due to their family responsibilities. This would likely be indirect discrimination if the meetings were regularly held at this time with no other options provided.

Intent isn’t an excuse

A person’s motive or intent is irrelevant in determining whether or not a person has unlawfully discriminated against another. It is also irrelevant that the other reasons for discriminatory conduct may not have been the protected attribute. Unlawful discrimination can still be found to have occurred.

Exemptions

There are some exemptions contained in the discrimination laws whereby Oz Security can lawfully discriminate against an individual or group for reasons including:

where there is a genuine occupational qualification for a particular attribute;
in relation to disability discrimination, where there is an inability to perform the inherent requirements of the position and, in circumstances where the adjustments (e.g. services or facilities) to enable the individual to perform the inherent requirements of the position would cause unjustifiable hardship to Oz Security.

Inherent requirements are the essential duties of the position and vary between positions. They may include the ability to perform the position productively and to a required quality, the ability to work effectively in a team or with another organisation, and the ability to work safely.

What is Vilification?

Vilification is a type of discrimination, described specifically in state and federal laws. Vilification is an unlawful action which occurs when someone, in a public act, incites hatred towards a person or group based on a protected attribute. Vilification can occur in a number of ways, such as, but not limited to, verbally, in written format, images, electronic messages/social media or graffiti.

Public acts could include the following:

remarks in a newspaper, journal or other publications;
remarks on radio or television; or
material on the internet, including social networking sites such as Facebook and micro-blogging services such as Twitter.

Serious forms of vilification occur where it is done knowingly or recklessly, inciting hatred, serious contempt for, or severe ridicule of a person or group of people on the grounds of a protected attribute, including race, religion, sexuality or gender identity, or disability. It includes a threat of harm to persons or property, or incitement of others to threaten physical harm to property or persons.

Vilification is not only prohibited at Oz Security and considered a serious disciplinary matter, but some forms of vilification may constitute a criminal act, at which point the police may become involved.

Harassment

What is Harassment?

Harassment consists of unwelcome, unsolicited, offensive, abusive, belittling, or threatening behaviour directed at an individual or group in circumstances in which a reasonable person would have anticipated that the person or group would be offended, humiliated, or intimidated.

Any conduct that is perceived by the receiver as unwanted or uninvited because it causes offence, embarrassment, intimidation, humiliation or which creates or contributes to a ‘hostile work environment’ is prohibited at Oz Security.

In determining whether or not a person has harassed another, the person’s motive or intention is irrelevant, the outcome of the conduct or behaviour on the person feeling harassed is what is of most importance.

Harassment can take many forms, and may occur in, but is not limited to, the following circumstances:

practical jokes;
crude jokes, derogatory comments;
offensive phone calls, messages or emails;
swearing or yelling;;
name calling;
physical threats, violence or offensive gestures;
exclusion or inappropriate silence;
leering, patting, touching, pinching; and/or
displays of offensive posters, pictures, or graffiti.

What is sexual harassment?

Sexual harassment is unlawful and prohibited by state and federal anti-discrimination legislation. It occurs when a person makes an unwelcome sexual advance or makes an unwelcome request for sexual favours of another person, or engages in any other unwelcome conduct of a sexual nature in relation to another person that makes that person feel offended, humiliated or intimidated.

Conduct can be considered sexual harassment even if the person did not intend to offend, humiliate or intimidate the other person. Sexual harassment does not have to be directed at a particular individual to be considered sexual harassment. Behaviour which creates a sexually hostile or intimidating working environment for others can also be considered sexual harassment.

Sexual harassment can involve any physical, visual, verbal or non-verbal conduct of a sexual nature; can be experienced by people of any gender identity; may include conduct which occurs in the workplace or at a work function outside of work hours; be committed by customers or clients of Oz Security or can involve a series of incidents or a one-off occurrence.

Examples of Sexual Harassment:
Sexual harassment may include, but is not limited to, actions such as:

displays of erotic or sexually graphic material including posters, pictures, calendars, cartoons, graffiti or messages left on boards, desks, computers, smartphones or tablets;
emails, faxes, voicemail messages, screen savers (words and images), offensive telephone calls or Kris Kringle or other gifts;
deliberate and unnecessary physical contact, such as patting, pinching, fondling or deliberately brushing against another person’s body;
sexual assault;
leering or staring at a person’s body;
smutty or sexist jokes or comments;
innuendo, including sexually provocative remarks, suggestive or derogatory comments about a person’s physical appearance, inferences of sexual morality or tales of sexual performance;
persistent requests for drinks or dates, especially after prior refusal;
requests for sexual favours, gestures or body movements of a sexual or intimidating nature; and/or
intrusive enquiries into a person’s private life or reference to a person’s sexuality or physical appearance.
Individuals are prohibited from engaging in conduct which may reasonably be considered to be offensive, abusive, belittling or threatening, or which is otherwise unwelcome where a reasonable person would recognise it as being unwelcome or likely to cause the recipient to feel offended, humiliated or intimidated.
Harassment, including sexual harassment, is unacceptable at Oz Security and will not be tolerated. The legal consequences of sexual harassment can be significant, including a finding by a tribunal or court that an individual is personally liable for damage caused to the person who has been harassed (which can be very significant), and a finding that Oz Security is vicariously liable as the employer for sexually harassing conduct.

Oz Security will endeavour to investigate all genuine allegations of harassment and if substantiated, appropriate disciplinary action will be taken, up to and including termination of employment.

When isn’t it sexual harassment?

Conduct is not considered to be sexual harassment if a reasonable person, having regard for all of the circumstances, would not have anticipated the possibility that the conduct would offend, humiliate or intimidate the other person.

Sexual harassment is not behaviour which is based on mutual attraction, flirtation and friendship. If the interaction is consensual, welcome and reciprocated it is not sexual harassment. However, please note that behaviour which is acceptable privately or socially may be totally inappropriate in a work environment.

Victimisation

What is victimisation?

Victimisation occurs when an individual or group is retaliated against or treated unfairly or detrimentally because they have, or intend to make, a complaint about discrimination, harassment, sexual harassment, bullying or vilification.

Examples of Victimisation:

threatening behaviour, including threatening comments made to the person or about that person;
disparaging comments about the person who has made the complaint (made directly to the person or to other people about the person);
treating a person unfavourably for having been involved in a complaint (e.g. excluding them from training or other opportunities at work);
encouraging others to treat the person who made a complaint in a detrimental way; and/or
a person being treated unfavourably because they were involved in a complaint (e.g. they may have supported someone who made a complaint by acting as a witness).

Oz Security encourages the reporting of genuine complaints and will not treat any individual less favourably because they have made a complaint. It is unlawful to retaliate against any individual who raises a genuine complaint or subject that individual to any form of detriment as a result of their allegations relating to unlawful discrimination, harassment or bullying.

Victimisation is unacceptable at Oz Security and will not be tolerated. Disciplinary action may be taken against any employee who is found to victimise or retaliate against a person who has made, or intends to make a complaint, up to and including termination of employment.

Bullying

What is bullying?

Workplace bullying is repeated, unreasonable behaviour directed toward a person, or group of persons, that creates a risk to health and safety. Bullying is usually not a one-off incident but could be if the incident is sufficiently serious.

“Unreasonable behaviour” includes behaviour that a reasonable person, having regard to all of the circumstances, would expect to victimise, humiliate, undermine or threaten the other person.
“Behaviour” includes actions of individuals or a group, and may involve using a system of work as a means of victimising, humiliating, undermining, punishing or threatening another person and/or group.
“Risk to health and safety” includes a risk to the mental, physical or emotional health of a person.

In some circumstances, bullying may also constitute harassment and/or discrimination. Bullying behaviour can range from very obvious verbal or physical assault to very subtle psychological abuse and may include, but is not limited to:

physical or verbal abuse;
yelling, screaming or offensive language;
excluding or isolating others;
psychological harassment;
intimidation;
assigning meaningless tasks unrelated to the job;
giving employees impossible jobs;
deliberately changing work rosters to inconvenience particular employees; or
undermining work performance by deliberately withholding information vital for effective work performance.
Bullying is unacceptable at Oz Security and will not be tolerated. Oz Security will endeavour to investigate all allegations of bullying and if substantiated, appropriate disciplinary action will be taken, up to and including termination of employment. Serious incidents of bullying may be referred to the police.

What isn’t bullying?

Workplace interactions do not constitute bullying when they comprise:

reasonable management action such as:
reasonably and lawfully directing and controlling the way work is carried out;
setting reasonable performance goals and standards including work deadlines;
reasonably altering an employee’s workload or duties;
providing guidance, reasonable work performance assessment including legitimate and reasonable comment or feedback, counselling and/or disciplinary action; or
one-off incidents such as a single incident of losing your temper, shouting or swearing (however the extent of the incident may determine whether bullying did actually occur).

Complaints Procedure

Anyone who believes they have been subjected to or have witnessed unlawful discrimination, victimisation, harassment or bullying behaviour in Oz Security’s workplace, have a range of informal and formal resolution options available to them.

Reporting is encouraged

Conduct that is counter to Oz Security’s Discrimination, Harassment and Bullying Policy is not only a breach of Policy, but also a breach of our Code of Conduct. Moreover, it is unlawful and may expose you and Oz Security to legal action.

Oz Security cannot resolve issues or breaches of this Policy if they are not brought to our attention. We therefore encourage the reporting of complaints. If you are unsure whether you have experienced or witnessed behaviour that may be considered discriminatory, harassing or bullying, we still encourage you to follow this Complaints Procedure to ensure you receive relevant support and advice.

Reporting and resolution procedures

Anybody who experiences or witnesses discriminatory, harassing and/or bullying behaviour should read the steps below and take the action you feel the most comfortable with. The steps do not have to be followed in the order of 1, 2, 3, etc., but provide options that you may choose from based on the circumstances.
At any point in time, if a resolution is achieved then no further steps will be required.

Step 1. Self-management

If you judge it to be possible to try and sort out the issue or concern with the person informally, then your first step should be to directly approach the person exhibiting the unwanted behaviour, let them know how the behaviour is making you feel and ask them to stop. Depending on what the issue is, it may be relevant to inform the other person that the behaviour is offensive, unwelcome, and unacceptable as it is against Oz Security’s Policy and ask them to stop.

For example: “When you do/say/act in that way, I feel humiliated/offended/intimidated/ etc…and I ask that you stop.”

You should do this only if you feel comfortable enough to approach the person directly. You should keep a written record of the incident(s) and any attempts made to resolve the issue.

Step 2. Making an informal complaint

If Step 1 does not resolve the situation or you do not feel comfortable approaching the other person, or you simply want to discuss other available options before approaching them, you should contact any of the following:

your Line Manager or Supervisor or if the issue is with your Line Manager or Supervisor, then speak to the next more senior Manager;
a member of the Human Resources Team; or
a Health and Safety Representative (for issues related to bullying or workplace violence).

Following these discussions, you may decide to:

approach the individual directly (Self-management);
make a formal complaint (Step 3);
not proceed any further with the matter; or
have the Manager, Supervisor, Human Resources Team or Health and Safety Representative mediate or assist you to investigate and act to resolve the issue.

Step 3. Making a formal complaint

To make a formal complaint, you will be required to submit it in writing to the Human Resources Team, either via email or deliver it in person. The written complaint must be as detailed as possible, including details of the incidents, dates, times, places, any witnesses and how it made you feel. Once a detailed written complaint has been made, a formal investigation may be carried out, which generally will involve an interview with you, and the other person(s) involved, including any named witnesses. The parties involved will be asked to maintain confidentiality, but please be aware that details may need to be divulged in order to complete an investigation.

Managing a Complaint

When a complaint has been made, Oz Security will make decisions about how to handle the complaint, taking into account the wider implications for all of our People. This may mean (depending on the circumstances) that a member of the Human Resources Team may mediate the investigation and resolution process, may appoint an external investigator, may take disciplinary action, or may take action that is contrary to the views of the person bringing the complaint where it is deemed to be in the best interests of others, for example, the complaint may be one of several complaints received about the same or a similar issue and therefore may be escalated, or may find based on the information available that the complaint is unsubstantiated.

Everyone at Oz Security should be aware that there may be circumstances in which we decide to take action with respect to discrimination, harassment, or bullying even when a formal complaint is not made. This may occur where management observes behaviour that it considers to be inconsistent with or contrary to our Policy, Values or Code of Conduct.

Possible Outcomes

Action to resolve a complaint can take many forms, dependent on the circumstances and findings of any investigation. If a complaint is substantiated, appropriate action will be taken, which could range from an apology to a conduct agreement to disciplinary action, to a dismissal and any appropriate measure in-between. Oz Security will decide the resolution action according to the circumstances, on each occasion.

Support during an Investigation or outcome meeting

When a complaint has been formalised or a mediation process has been arranged, the person who raises the complaint and the person whom the complaint has been made against may choose to select a support person to attend any and all meetings regarding the complaint with them. A support person can be anyone the person chooses either a Oz Security colleague or an external contact such as a trusted acquaintance, a union representative or other external contact. Oz Security will need to be informed that a support person will be attending and provided with their name and relationship to the individual.

A Support Person Is: A support person is a person who is chosen by the person involved in the complaint to provide them with support during an investigation or outcome meeting. The support person may take notes during the meeting to help the person they are supporting remember key points discussed.
A Support Person Is Not: A support person is not there to act as an advocate for the person during the meeting; they are not there to speak or answer a question on behalf of the person; they are not there to provide evidence or information.

Confidentiality

The people involved in the reporting, investigation and resolution of a complaint, including any potential witnesses to the issue, are all responsible for ensuring confidentiality is maintained as far as reasonably possible, except as necessary to investigate and resolve the complaint.

Keeping notes

If you believe you have experienced discrimination, harassment or bullying behaviour, act on it quickly and ideally take some notes that detail the issue. Notes should include things like dates, times, places, witnesses (if any), what was said and by whom and how it made you feel when it occurred. Handwritten notes are just as good as typed notes. This will help you to remember events and aid the resolution process.

False accusations or vexatious (malicious, spiteful) complaints

While Oz Security encourages the reporting of genuine complaints, we have zero tolerance for complaints that are not genuine. Complaints that are vexatious and made with an ulterior motive, such as; hatred or dislike of a person, to curry favour, to get back at someone or some other spiteful reason, will be dealt with as a serious misconduct issue. Disciplinary action up to and including termination of employment may result.

Additional Information

Personal support

For further support, employees are encouraged to make use of the Employee Assistance Program (EAP). Professional and confidential counselling services are provided as part of the EAP which are free of charge for all employees and can be accessed for work-related or personal matters, 24 hours a day, 7 days a week. EAP can be accessed by the freecall number 1300 135 600.

Where to go if you have questions

If you have any questions or would like further information about our Discrimination, Harassment & Bullying Policy and Complaints Procedure, please feel free to speak to your Manager or a member of Oz Security’s Human Resources Team.

Policy Review

This Policy is maintained by the Human Resources Team and may be revised from time to time based on legislative requirements and to ensure relevance to our business operations. It does not form part of an individual’s contract of employment or engagement.

You are welcome to contact humanresources@ozsecuritygroup.com.au with any suggestions, feedback or questions.