sexual harassment
capability We are committed to the provision of a fair, healthy and safe workplace in which everyone is treated with dignity and respect and in which no individual or group feels offended, threatened or intimidated. everyone in the workplace has the right to a workplace that is safe and free from sexual harassment.
sexual harassment is a legally recognised form of sex discrimination. sexual harassment and sex discrimination are both unlawful under the sex discrimination act and fair work act.
sexual harassment in any form will not be tolerated. we recognise that sexual harassment can seriously affect workers' working lives by detracting from a productive working environment and can seriously impact on the health, confidence, morale and performance of those affected by it, including anyone who witnesses or has knowledge of the unwanted or unacceptable behaviour. any person who is subject to sexual harassment in the workplace is encouraged to speak up and follow sexual harassment complaints procedure outlined in this policy.
sexual harassment
sexual harassment is a specific and serious form of harassment. it is unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, spoken or written. It can include:
inappropriate physical contact, such as unwelcome touching
inappropriate staring or leering
making a suggestive comment or joke
sharing sexually explicit pictures or posters, sending sexually explicit emails or messages
making an unwanted invitation to go out on a date
a request for sex
intrusive questioning about a person's private life or body
unnecessary familiarity, such as deliberately brushing up against a person
an insult or a taunt of a sexual nature
harassment on the grounds of sex
behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.
sexual harassment in connection with the workplace can be committed by “all workers”, including employees, contractors, subcontractors, outworkers, apprentices, trainees, students and volunteers as well as prospective workers and third parties such as clients and customers.
sexual harassment does not necessarily have to take place in the workplace to be unlawful. Sexual harassment in the course of employment can occur during work hours, at work-related events such as training or social events, between people sharing the same workplace, or even between colleagues outside of work.
behaviour that may be considered sexual harassment in one situation may not be in others, for example flirtation or love and affection between two consenting individuals which is mutual, consensual or reciprocated is not sexual harassment.
a single incident is enough to constitute sexual harassment – it doesn’t have to be repeated. If substantiated, sexual harassment is considered serious misconduct under the Fair Work Act and can amount to a valid reason for termination without notice.
sexual harassment incudes behaviour which could result in a workplace being offensive, intimidating or humiliating to a person because of their gender, even if the behaviour is not directed at a single person e.g., where employees engage in sexist conversation.
manager and supervisors have an additional responsibility to ensure the safety and welfare of their employees this includes modelling appropriate standards of behaviour, taking steps to educate and make staff aware of their obligations under this policy and the law and responding quickly and appropriately to any form of sexual harassment
the employer takes sexual harassment seriously Including the duty to elimate discriminatory behaviour in the workplace. this policy requires all staff (including apprentices and trainees) volunteers as well as contractors to ensure their behaviour is respectful and appropriate. These examples are not exhaustive and disciplinary action up to and including termination of employment, will be taken against workers committing any form of sexual harassment.
appropriate action in relation to an employee will include disciplinary action in accordance with the employer’s disciplinary and disciplinary termination procedure. for other workers, appropriate action may include termination of their engagement with the Employer
sexual harassment complaint procedure
i) informal complaint
we recognise that complaints of sexual harassment can be of a sensitive or intimate nature and that it may not be appropriate for you to raise the issue through our normal grievance procedure. In these circumstances you are encouraged to raise such issues with a senior colleague of your choice (whether or not that person has a direct supervisory responsibility for you) as a confidential helper.
if you are the victim of sexual harassment, we encourage you to make it clear to the alleged harasser on an informal basis that their behaviour is unwelcome and ask the individual to stop. if you feel unable to do this verbally then you should hand a written request to the individual, and your confidential helper can assist you in this.
ii) formal complaint
where the informal approach fails or if the sexual harassment is more serious, you should bring the matter to the immediate attention of management as a formal written complaint and again your confidential helper can assist you in this. if possible, you should keep notes of the sexual harassment so that the written complaint can include:
the name of the alleged sexual harasser;
the nature of the alleged incident of sexual harassment;
the dates and times when the alleged incident of sexual harassment occurred
the names of any witnesses and
any action already taken by you to stop the alleged sexual harassment.
on receipt of a formal complaint we will take action to separate you from the alleged harasser to enable an uninterrupted investigation to take place. this may involve a temporary transfer of the alleged harasser to another work area or suspension of employees (with contractual pay) until the matter has been resolved.
the person dealing with the complaint will invite you to attend a meeting, at a reasonable time and location, to discuss the matter and carry out a thorough investigation. you have the right to be accompanied at such a meeting by your confidential helper or another work colleague of your choice and you must take all reasonable steps to attend. those involved in the investigation will be expected to act in confidence and any breach of confidence will be a disciplinary matter.
on conclusion of the investigation which will normally be within ten working days of the meeting with you, a report of the findings and of the investigator's decision will be sent, in writing, to you and to the alleged bully or harasser.
due to the serious nature of sexual harassment, if you decide to not proceed with a formal or informal complaint, the employer reserves the right to consider appropriate action in the circumstances in order to ensure the safety and wellbeing of its employees. the employer will consider the seriousness of the behaviour and circumstances in taking action this may include a review of current processes for preventing and responding to sexual harassment, providing training and reminders to employees of their general obligations not to sexually harass others, following up with you on your concerns as well as monitoring behaviour in the workplace.
general
if the report concludes that the allegation is well founded, appropriate action will be taken against the harasser.
if you bring a complaint of sexual harassment you will not be victimised for having brought the complaint. however, if the report concludes that the complaint is both untrue and has been brought with malicious intent, appropriate action will be taken against you. appropriate action in relation to an employee will include disciplinary action in accordance with the Employer’s disciplinary and disciplinary termination procedure.
for other workers, appropriate action may include termination of their engagement with the employer.