Equal Employment Opportunity Policy - City West Water

QES Management System

Issue Date: 05/09/2016

Equal Employment Opportunity, Discrimination, Harassment and Bullying Guidelines

Purpose

City West Water (CWW) is committed to providing a workplace that is free from all forms of unlawful discrimination, harassment, bullying and victimisation. These guidelines form part of our commitment in ensuring a safe, healthy and productive work environment, and to ensure fairness in workplace practices. All forms of unlawful discrimination, harassment, bullying and victimisation will not be tolerated by CWW.

Definitions

Discrimination

Discrimination is less favourable treatment in employment based on a protected attribute, such as a person’s sex, age, race, disability.The principles of equal opportunity in employment demand that the requirements of the position and the person’s ability to fulfil those requirements are the only factors relevant to employment issues. All employment and management practices must provide equality of opportunity.

Grounds of discrimination which apply in Victoria under Federal and State laws can include, but not limited to the following:

·  sex

·  marital status

·  pregnancy or potential pregnancy

·  race, colour, nationality, ethnic or national origin

·  impairment/disability (past, present or future)

·  parental status

·  lawful religious belief or activity

·  lawful political belief or activity

·  age

·  industrial activity

·  lawful sexual activity

·  carer status

·  breastfeeding

·  gender identity

·  sexual orientation

·  personal association with person identified by reference to one of the above attributes

Discrimination can be either direct or indirect. Direct discrimination occurs when unlawful distinctions are made between individuals and groups based on any of the above grounds. Indirect discrimination occurs when a seemingly harmless policy, rule or practice has a discriminatory effect against an individual or group

Harassment

Harassment is unwelcome or uninvited behaviour based on any of the prohibited grounds of discrimination that offends, humiliates or intimidates an employee or a group of employees. Unlike bullying where the behaviour must be ‘repeated’ in order to constitute bullying, harassment can be one incident.

Harassment is where a person is subjected to behaviour directed towards or based upon a person’s attributes that:

·  is unwelcome and unsolicited

·  the person considers to be offensive, intimidating, humiliating or threatening

·  a reasonable person would consider to be offensive, humiliating, intimidating or threatening.

Harassment covers a wide range of behaviours including the following where it is based on the grounds of discrimination:

·  Practical Jokes

·  Display of offensive material

·  Verbal abuse

·  Derogatory remarks

·  Unjustified and unnecessary comments about a person's abilities

·  Insulting or threatening behaviours such as shouting or gestures

·  Dismissive comments about a group that a person may belong to

Harassment can often be the result of behaviour that is not intended to offend or harm, such as jokes or unwanted attention. However, the fact that it is unintentional does not mean that it is not unlawful.

Sexual Harassment

Sexual Harassment is any unwanted, unwelcome or uninvited behaviour of a sexual nature that may make a person feel humiliated, intimidated or offended. It can take many forms and may be visual (eg e-mail or internet), written or physical contact of a sexual nature. The test of sexual harassment is whether the person feels offended, intimidated or humiliated by the unwelcome sexual conduct and/or whether a ‘reasonable person’ having regard to all the circumstances, would have anticipated that their behaviour would offend, intimidate or humiliate the person being harassed.

A single act or a continuing course of conduct is equally capable of constituting sexual harassment. Both men and women may complain of sexual harassment.

Sexual harassment is unlawful regardless of the gender or sexual orientation of the person who harasses and the person being harassed.

Sexual harassment is not behaviour, which is based on mutual attraction, friendship and respect. If the interaction is consensual, welcome and reciprocated it is not considered sexual harassment. In such circumstances however, employees shall not engage in any form of behaviour in the workplace, which though it might be consensual, could interfere with the working environment, the proper performance of their jobs or offend other employees.

Bullying

Workplace bullying is repeated, unreasonable behaviour directed towards an employee or to a group of employees. It is behaviour that any reasonable person, having regard to all the circumstances, would anticipate would victimise, humiliate, undermine or threaten that employee or group of employees. ‘Repeated behaviour’ is behaviour that can be identified as persistent and having an established pattern.

The following types of behaviour are examples of what could be considered bullying:

·  abusing a person loudly, usually when others are present

·  leaving offensive messages on email, social media or the telephone

·  sabotaging a person's work, for example, by deliberately withholding or supplying incorrect information, hiding documents or equipment, not passing on messages and getting a person into trouble in 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 through gestures, sarcasm, criticism and insults, often in front of customers, management or other workers

·  spreading gossip or false, malicious rumours about a person with an intent to cause the person harm.

What is not bullying?

The following types of behaviour are examples of what is not considered to be bullying:

·  Employee grievance in relation to legitimate and reasonable disciplinary actions or performance management processes

·  Lawful directive delivered respectfully

·  Constructive feedback

·  Poor or bad management

·  Organisational change

·  Downsizing

Victimisation

Victimisation is against the law. Victimisation occurs when a person or someone associated with the person is subjected to, or threatened with harm or detriment because the person:

·  has made a discrimination, harassment or bullying complaint;

·  intends to make a discrimination, harassment or bullying complaint;

·  has helped someone else make a discrimination, harassment or bullying complaint;

·  has been the subject of a discrimination, harassment or bullying complaint.

No employee will be subjected to victimisation if they are involved in a complaint of discrimination, bullying or harassment. Should an employee who has been involved in a complaint of discrimination, harassment or bullying feel that they are being victimised they are encouraged to report it to a company representative e.g. HR, manager or Employee Support Officer. If such victimisation occurs, the offender will be disciplined immediately. If the offence is serious, the offender may be dismissed.

Roles and Responsibilities

Responsibilities of CWW

It is CWW’s responsibility to take reasonable steps to prevent discrimination, harassment, bullying or victimisation occurring in the workplace. If it does occur, complaints will be taken seriously. The complaint will be investigated in an objective, fair and confidential manner. Action will be taken to ensure the inappropriate conduct stops. Appropriate disciplinary action will be taken where a breach of the policy or guidelines is found to have occurred.

CWW will:

·  Ensure that discrimination does not arise from decisions with respect to training, promotion, remuneration and general conditions of employment.

·  Ensure that all selection and recruitment practices provide equal opportunity for all and are compliant with the relevant legislation.

·  Provide employees with equal opportunity to apply for available jobs, higher duties, secondments and flexible working arrangements.

·  Ensure that it’s Equal Employment Opportunity, Harassment and Bullying Policy and Guidelines are displayed in a prominent location.

·  Provide adequate procedures and guidelines to effectively manage reports of alleged discrimination, harassment, bullying and victimisation.

·  Ensure all complaints are treated seriously and managed in a timely and fair manner in accordance with company procedures.

·  As far as reasonable ensure that all employees, managers, consultants and contractors comply with the appropriate standard of conduct.

Responsibilities of Management

It is management’s role to take reasonable steps to prevent unlawful discrimination, harassment, bullying and victimisation occurring in the workplace.

All managers, supervisors and team leaders have the responsibility to:

·  Ensure as far as practicable the work environment is free from bullying and from all forms of unlawful discrimination and harassment.

·  Recruiting, promoting, training, developing and transferring employees on the basis of merit and performance, and free from any discriminatory assumptions.

·  Provide employees with equal access to fair, prompt and confidential processes to deal with complaints and grievances.

·  Responsibly act upon any behaviour within the working environment that may be construed as discriminatory, harassment, bullying or victimisation.

·  Treat all grievances seriously, confidentially and with a sense of urgency and treat all employees involved in a grievance or complaint fairly.

·  Ensure that all Human Resources practices are applied fairly, consistently and without bias.

Responsibilities of Employees

Every employee is responsible for helping prevent unlawful discrimination, harassment, bullying and victimisation in the workplace.

All employees are responsible for:

·  Understanding, respecting and applying CWW’s Policy and Guidelines.

·  Not tolerating any form of unlawful discrimination, harassment, bullying or victimisation and notifying the relevant manager should such circumstances arise.

·  Not participating in behaviour that could be considered discriminatory, harassment, bullying or victimisation or encourage others to participate in such behaviours.

·  Offering support to anyone who is being harassed, bullied, victimised or discriminated against and let them know where they can get help and advice.

·  Maintaining complete confidentiality if they are in any way involved in the investigation of a complaint.

·  Not gossip and spread rumours.

Responsibilities of Employee Support Officers

The Employee Support Officer has a responsibility to:

·  Provide employees who have a grievance relating to discrimination, harassment, bullying or victimisation with the opportunity to discuss their concerns informally, privately and confidentially.

·  Provide employees with information about discrimination, harassment, bullying or victimisation as required.

·  Offer support to the complainant/respondent by listening to the issue, informing the complainant/respondent of the relevant complaints resolution procedure, informing them of the Employee Assistance Program (EAP) and seeking further information as necessary.

·  Collect the information relating to a complaint in a non-judgemental way.

·  Keep confidential records of discussions and forwarding these to the relevant manager or Human Resources (HR) when a complaint has been lodged.

·  Follow up with the complainant/respondent regarding the outcome/resolution.

Where behaviours that create a risk to health and safety or constitute potential criminal activity are disclosed to a company representative there is a legal obligation to report these matters to HR immediately regardless of whether the employee would like these matters to remain confidential.

Options for Resolution

Refer to the Grievance Resolution Procedure or speak to your manager or HR Business Partner.

Disciplinary Action

Any manager, team or employee of CWW identified as engaging in unlawful discriminatory practices, bullying, harassment or victimisation will be subject to disciplinary action that may include termination of employment.

Managers who do not appropriately deal with issues of unlawful discrimination, bullying, harassment or victimisation will be subject to disciplinary action being taken against them.

CWW will not victimise any employee for filing a discrimination, harassment, bullying or victimisation complaint, or for participating in any investigation, and will not tolerate or permit victimisation by any manager, team leader or employee.

Confidentiality

Any allegation of discrimination, harassment, bullying and victimisation will be treated confidentially. Any records made during the investigation will be stored in a secure environment.

CWW may breach confidentially if the allegation is deemed to be pose an occupational health and safety risk or if the allegation is deemed to be a criminal matter.

Records of the investigation will not appear on personnel files except where formal investigation has established a breach of City West Water's Policy or this Guideline which results in disciplinary action to be taken.

Employees and managers will be advised by HR and management on a need to know basis only.

Vexatious of False Complaints

CWW treats all complaints seriously and confidentially. Any employee making false accusations or bringing about complaints for malicious reasons may be subject to disciplinary actions which may include termination of employment.

Diversity Program

City West Water is committed to developing and maintaining a comprehensive program to promote zero tolerance for unlawful discrimination, harassment, bullying and victimisation in the workplace and to ensure that employees are aware of their rights and responsibilities.

1.  Education

·  All CWW employees will attend a compulsory diversity education session every two years as arranged by PSC.

·  CWW employees are required to complete the EEO, Discrimination, Harassment and Bullying module in SAFETRAC annually to ensure they are up to date with legislative requirements.

·  The City West Water induction program will cover the Company EEO, Discrimination, Harassment and Bullying Policy and Guidelines to ensure new recruits have an understanding of their rights and responsibilities in the workplace. This will be addressed through:

(i)  Corporate Orientation

(ii)  Online Induction

2.  Compliance

·  Employees will be required to read, understand and sign the following:

(i)  Code of Conduct (IRD-90) – signed on commencement and re-signed in conjunction with the diversity education program (every two years)

·  Electronic Communications and Internet Access Policy (POL-65)

·  Regular review of policies and guidelines to ensure compliance

·  CWW will maintain a Disability Action Plan (IRD-251).

3.  Employee Support Officers

·  Employee Support Officers will be required to attend refresher training every two years as arranged by HR.

·  HR will conduct quarterly meetings with Employee Support Officers. Meetings will focus on evaluating the results of quarterly statistics and employee surveys and the application of policies, procedures and guidelines.

4.  Memberships

·  CWW will maintain membership with relevant professional bodies.

5.  Reporting

·  Employee Support Officers and Consultative Committee members will provide a quarterly report to HR on the number of reported cases. The information contained in the report will mask the identity of individuals involved and will only capture the type of issue, time spent on the complaint/issue and the relevant department. HR will provide the Executive Leadership Team (ELT) with this information quarterly.

Contributing Policy

Refer to the Equal Employment Opportunity, Discrimination, Harassment and Bullying Policy (POL-46) for more information.

This document is “UNCONTROLLED” if it has been saved locally or printed
Document PRO-188 Rev 4 Page 2/8