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employment matter
guidelines
arrangements for
dealing with sex-based harassment
Contents:
Introduction
Analysing your workplace
Questions
to Identify Sex-Based Harassment Issues for Women
Suggested Actions to Take to Address
Sex-Based Harassment Issues
for Women
Predominantly Male Workplace Issues
Moving from Compliance to Leading Practice
Case
studies
Related Links and Resources
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Ensuring that your workplace is
harassment-free has the potential to benefit employees, teams
and business effectiveness by:
-
Improving workplace morale, employee commitment and
trust.
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Minimising financial and legal risks and costs
incurred when
responding
to/dealing with a complaint.
-
Avoiding
potential damage to the organisation’s image as a
result of any
negative media coverage. |
The information provided here aims to assist you to start thinking
about:
-
How you could analyse your workplace to
identify any sex-based harassment issues for women.
-
Suggested actions you could take to address
the sex-based harassment issues for women that you have
identified.
-
The relationship between sex-based harassment
and issues of workplace culture and organisation.
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Keep in mind that women are not a homogenous group but
reflect the diversity of the larger population. By recognising and
valuing women’s differences (such as age, religion, cultural and
linguistic backgrounds, disability and sexual orientation) in the
management of workplace issues, your business stands to benefit from the
range of skills and experiences they can contribute.
Not all issues, actions and examples suggested here are relevant to your
organisation. It is up to you to decide what is appropriate and relevant
to your organisation when analysing your workplace to identify issues
for women, and taking actions to address these.
However, many of the suggestions outlined represent leading practice in
contemporary human resource management and provide an opportunity to
harness the contribution your employees can make to productivity and the
achieving of organisational goals.
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To assist you to analyse your workplace to identify sex-based harassment
issues for women, you could:
-
Revisit your workforce profile to find where
your female employees are.
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Consult with your employees.
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Examine your current policies and practices
that aim to promote a harassment-free workplace.
-
Undertake a specific harassment,
discrimination and bullying survey or set of focus groups to
identify if there are any specific ‘hot spots’ within your
organisation.
-
Review your policies and procedures and any
grievances history to see if you have had any complaints
relating to sex-based harassment.
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Remember, your organisation is unique and may
therefore have unique issues. However, the following questions may be
helpful when analysing your workplace.
Policy and Complaints Issues
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Do you
have a formal sex-based harassment policy? If yes, have you
considered also supplementing it with a broader anti-harassment
policy? |
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Do you have a formal complaints/grievance mechanism? |
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Do you
have trained Contact Officers in all locations? Do you have
trained grievance or investigation officers? |
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Would your policy and complaints procedures withstand the rigour
of a review by an independent third party? |
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Are there guarantees relating to privacy and confidentiality? |
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How well are complaints managed? How do you know (eg. is
feedback sought over whether the dispute resolution process has
been fair and effective)? |
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Do you have an EAP with trained counsellors capable of dealing
with sex-based harassment and other similar issues? |
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Do you include sex-based harassment training (including
outlining your policies and procedures) in induction training
and provide regular refresher training for all staff and
managers? |
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Are casual staff and volunteers trained in policies and
procedures as well as permanent staff? |
Monitoring the Level of Harassment
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Do you
monitor the incidence of harassment and/or bullying in your
workplace? |
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Are you
confident that no sex-based harassment is taking place in your
organisation? What evidence do you have to support this? |
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Do you
have mechanisms in place that allow you to monitor whether
complaints of harassment or bullying are being raised
informally, without breaching confidentiality (eg. a women’s
network, informal meetings with managers, harassment contact
officers, Employee Assistance Program)? |
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Is
information on sex-based harassment and bullying freely
available, accessible and known to all staff? |
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Do you
know who is raising the issues? Women? Men? Part-timers?
Pregnant women? Women of a different cultural or linguistic
background? Mature workers? Young women? |
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Are managers and staff trained regularly on issues of sex-based
harassment and bullying? |
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Can you
identify what the precise nature of each issue is (eg. sexual
harassment, bullying based on sex or gender, or pregnancy
discrimination)? |
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Have staff
views on whether sex-based harassment is an issue been sought?
If so, when was the last time such views were sought? |
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Have you
surveyed employees to see whether they feel free to raise issues
without fear of victimisation or reprisal? |
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Do
you have any ways, other than through formal complaints, of
telling whether there are any issues in your workplace? Eg.
staff surveys, exit interview, morale indexes, informal feedback
mechanisms or independent audits? |
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Does your
exit interview aim to identify whether people are leaving
because of harassment or bullying issues? |
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What are
the mechanisms telling you? Are some women more vulnerable than
others to harassment, such women without English fluency or
older women? |
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To
comply
with the Act, you need to take actions to address the
sex-based harassment issues for women you identified. You do not
need to do everything all at once and you can aim to achieve equal
opportunity over time.
To be
waived from reporting in following years,
you must clearly demonstrate that you have taken all reasonably
practicable measures to address sex-based harassment issues for
women you have identified (for example, your issue might be a lack of
sex-based harassment training across all staff in your organisation).
The following suggestions will help you to start
thinking about actions you could take to address any sex-based
harassment issues you have identified.
Keep in mind that:
-
Not all of these actions may be relevant to
your organisation. You will need to decide whether you
choose to do all, some, or none of the suggested actions and
whether you wish to tailor suggested actions to suit the
needs of your workplace.
-
If
your workplace analysis demonstrates your organisation has
no issues for women in this employment matter, you would not
need to take any actions.
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Reviewing your Policy
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Ensure that your organisation abides by
lawful workplace practices (HREOC
website).
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Ensure that the CEO and senior management
endorse your organisational policy. They will need to be
role models for the behaviour they expect from staff.
-
Consider linking your policy to an
organisational commitment affirming the value of diversity –
that is, principles that respect all employees.
-
Look at supplementing your sex-based
harassment policy with a broader anti-harassment policy,
including the issue of workplace bullying.
-
Integrate your policy with a code of conduct
or code of practice that respects diversity and the rights
of all employees. Have employees agree to this code of
practice as part of their employment contract or workplace
agreement.
-
Liaise with staff or unions and consider
incorporating protections against harassment into workplace
agreements.
-
Ensure that your line managers receive
regular and up-to date training and actively support your
policy.
-
Ensure that new staff are trained in your
policies and grievance procedures during induction,
including pointing out who the contact officers are and what
their role is.
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Ensure that managers are trained and are
aware of unlawful termination issues related to harassment.
-
Ensure that your policy covers all types of
issues (eg. harassment via inappropriate use of e-mail or
Internet, or workplace bullying).
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Ensure that your policy is related to other
aspects of human resource management and that it is
proactive in attempting to create a work environment free of
harassment and bullying rather than reactive.
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Establish complaints procedures.
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Ensure that your complaints procedures are
transparent and easy to follow.
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Ensure that your complaints procedures are
accessible and widely publicised and that all staff feel
confident to use them.
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Ensure that the complaint process is
objective, for both the complainant and the respondent.
Ensure that there is a right to appeal a decision.
-
Consider having an independent arbiter built
into the assessment of complaints.
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Communicate your procedures to managers and
all staff.
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Put in place a network of harassment contact
officers and ensure that these officers are trained in how
to respond to requests for help in relation to harassment
and diversity issues.
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Resolving Complaints
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Deal with all complaints promptly and
confidentially.
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If harassment complaints are assessed as
being other than sex-based, be prepared with a procedure for
dealing with these also.
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Provide training to staff that are dealing
with complaint resolution. Ensure that training encompasses
issues related to managing diversity in the workplace.
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Ensure that staff involved are aware of legal
risk issues.
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Insist that all staff keep matters
confidential, with resulting disciplinary action if they
don’t.
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Ensure that proven offenders are not simply
transferred to another area or department a solution.
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If proven offenders remain with the
organisation, require them to undergo further training and
counselling.
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Ensure that all complaints, whether proven or
false/misconceived, are managed appropriately and within the
legislative framework.
-
Be prepared to understand that situations can
be perceived differently. Empathise with those who may find
their work performance impaired by harassment.
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Provide support to people who are involved in
a complaint.
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Ensure that making a complaint is not seen as
prejudicial to an employee in terms of performance review or
promotion opportunities.
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Investigate
what may lie behind a perception that there are personality
differences or negativity within a work area.
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Recognise that a complaint may be evidence of
other workplace or culture issues that require investigation
and resolution.
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Ensure that the importance of a supportive
work environment is taken into account when dealing with
organisational restructuring or work organisation.
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Recognise that harassment or bullying can be
subtle and psychological and not just overt or physical.
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Communicating Your Policies and Procedures
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Ensure that your policy is accessible to all
staff. (For example, make sure it is displayed in a
physically accessible location for all employees, and in
alternate languages for employees who lack English fluency.
Include the policy on your organisation’s intranet).
-
Educate new staff and new managers on the
organisation’s policy and complaint process on an ongoing
basis. Conduct refresher training for all employees
regularly.
-
Include the policy and procedure in your
induction training for new starters.
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Educate your managers and supervisors on how
to manage their people more effectively.
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Ensure that staff are aware of the
consequences of breaching policy and of making false or
misconceived complaints.
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Regularly review the number and make up of
your contact officers and conduct refresher training and
train new contact officers if current ones leave the
organisation. It is important to have a mix of contact
officers reflective of the diversity of the organisation eg.
female and male, senior, junior, young, or more mature.
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Integrate harassment prevention training into
mainstream management training. Ensure that training
encompasses diversity principles – that is, respect for all
employees – and recognises potential vulnerabilities of some
employees (for example, women who may experience cultural or
linguistic barriers to reporting harassment, young women who
may be harassed by their immediate supervisor.)
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Keep a record of who has attended harassment
training.
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Ensure that education campaigns promote
better understanding of harassment and bullying so that
staff feel comfortable raising issues, and are aware of the
consequences of making false or misconceived complaints.
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Link results in this area to performance
reviews and bonus allocations for managers.
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Effectively monitor outcomes of previous
disputes to ensure that your resolution has been successful.
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Put strategies in place so that there are no
incidences of repeat performances.
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Be aware of when problems may be more likely
to arise (for example, the office Christmas party) and
prepare accordingly, such as a reminder notice or e-mail to
all staff who will be attending about expectations of their
behaviour.
-
Ensure that managers actively support the
policies that are in place.
-
Promote a workplace culture that is based on
openness and trust, where behaviours that treat people with
dignity and respect are valued.
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An equal opportunity program must deal with the
specific needs and issues of your organisation. Such a program
identifies and outlines the issues you are addressing and the
initiatives you plan to put in place to achieve results. The
most significant issues facing organisations with a majority of
male employees may be:
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A lack of applications from female employees.
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A low proportion of women in management.
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A low proportion of women in non-traditional
occupational roles eg. trades, labouring, plant and
machinery operators.
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Problems retaining female employees.
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Is the
culture accepting of women employees at all levels and in all
areas of the organisation? |
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Do you
have an elected EO or Sexual Harassment Contact Officer on each
site? |
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Do you
ensure a sex-based harassment-free workplace? |
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Have you
implemented and publicised a grievance handling mechanism? |
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Have
you developed and publicised a sexual harassment and bullying
policy and procedures? |
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Have you
ensured that there are adequate grievance procedures, and that
all management and supervisors have been trained in handling
grievances? |
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Have you
removed gender bias in all policy manuals and increased the
availability of female facilities at all work sites? |
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Do you
monitor progress by using exit interviews and staff surveys to
see whether sex-based harassment remains an issue? |
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Has the
organisation held sex-based harassment and bullying training
sessions for all employees, backed up by a publicity campaign
and further reminders at other training sessions? |
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Has your
workplace culture tolerant of all forms of diversity? Do you
need to implement general diversity training? |
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Is the
appropriate behaviour and culture modelled by the leadership? |
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Is poor or
inappropriate behaviour dealt with in accordance with the
policy? |
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What do Leading Practice Organisations do?
Moving from compliance to waived status
requires you to demonstrate that you have taken all reasonably
practicable measures to address recruitment and selection issues for
women that you have identified. While there is no set formula to achieve
waived status, the following categories of action may help you to
generate ideas of what can be achieved to address the issues of women in
your workplace, and increase the opportunities to recruit and select the
best possible talent for the job.
Data Review
Strategies
Education
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Have all
mangers attended a face-to-face training session on their
role and responsibilities in relation to harassment,
discrimination and bullying within the last 12 months.
Conduct refresher training every 18 months or so, and
include elements of skill building.
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Have
all staff members attended a face-to-face training session
on their role and responsibilities in relation to
harassment, discrimination and bullying within the last 12
months?
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Review
your team of Contact Officers. When did they last receive
training? Do their communication and people management
skills need updating? Is their demographic make-up
reflective of those across your workforce?
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Ensure
that managers are trained in implementing and managing
flexible work arrangements so they are aware of the possible
discrimination aspects.
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Ensure that completion of training is a
mandated part of performance plans and that non-completion
is followed up with a letter from the CEO.
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Hold and keep a record of regular, mandatory
refresher training.
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Educate relevant staff in dealing with
harassment from clients.
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Mandatory induction training should include
all sessional and casual staff members.
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Policies
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Check and
review all current policies and procedures on harassment,
discrimination and bullying to ensure that they reflect
current legislation. Ensure the policies are regularly
communicated and included in all new starter and new manager
training sessions.
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Ensure that there is a policy on expected
standards of email and Internet use and that this is issued
to all staff upon commencement.
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Reinforce the organisation’s ‘zero tolerance’
stance during team meetings.
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Examples of Initiatives
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Make sure
that poor behaviour is appropriately dealt with and
disciplined, even if the perpetrator is a very senior staff
member.
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The CEO should distribute correspondence to
managers to ensure that they and their staff attend relevant
training on harassment and bullying.
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Information from the CEO should be mailed to all staff
including the policy, procedures and standards which
emphasise the organisation’s zero-tolerance stance.
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An escort service could be set up to take
staff working evenings to the carpark/transport safely.
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Distribute emails to all staff members
(managers included), reminding them about expected behaviour
and conduct, for example prior to end of year celebrations.
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Conduct Staff Development Days or meetings
that focus on diversity and the well-being of staff.
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Communication
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Include
regular updates on policies and procedures to all staff in
newsletters, emails and on the intranet.
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Ensure
that information on discrimination and harassment is
included in handbooks or other publications on staff conduct
and business ethics. These should be distributed to all
employees.
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All staff should be provided with up-to-date
information on policies and Contact Officers via a staff
handbook, pamphlets or on the intranet.
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Additional information can be included with
pay slips.
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All staff should be required to sign off on
the organisational Code of Conduct as part of the acceptance
of an employment offer. This includes temporary staff and
contractors.
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Where staff are working on client sites,
obtain sign-off from clients also on the organisational Code
of Conduct and policies.
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All case studies are available from the EOWA website:
www.eowa.gov.au.
Predominantly Female
Aldersgate
took a number of actions to address the issues of harassment and
bullying, such as contracting the Anti-Discrimination Commission (ADC)
to educate staff and review policies, procedures and educational
material. This made a remarkable difference to their workplace.
Australian
National Credit Union (ANCU) wanted to
ensure that staffwere well-educated regarding sex-based harassment. As
part of this procedure, they reviewed the use of the Internet and e-mail
systems and trained all staff and distributed regular reminders
regarding the company policy.
Country Road,
through focus groups and exit interviews,
identified the need to improve the general understanding of how to make
and/or resolve a sex-based harassment complaint. Through policy review,
training and exit interviews, staff were made fully aware of the policy.
The policy was made easily accessible for all staff via the intranet and
was also included as part of the company’s Enterprise Agreement.
Go-Lo
was made aware through forums, surveys and interviews with staff that
not all employees were aware of the harassment-free workplace policy and
not all managers realised the seriousness of sex-based harassment. With
some simple yet effective actions, Go-Lo was able to achieve successful
results.
World Vision Australia
undertook extensive staff training and the training of Contact Officers
as part of its strategy to address harassment and discrimination issues.
This resulted in a number of improvements both for staff,
and in organisational performance.
Predominantly Male
Kimberly
Clarke Australia wrote a policy document on
sex-based harassment to educate staff and managers, which was included
in their internal training manual. This ensured that all staff were made
aware of company policy.
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To download a comprehensive list of links and resources
across the seven Employment Matters,
click here.
Internet Links
Anti-Harassment Policies for the Workplace: An Employer’s Guide
Includes useful and adaptable advice for employers on how to develop
workplace policies, together with a model policy for medium and large
organisations. Provided by the Canadian Human Rights Commission.
(CANADA)
Diversity Australia
www.diversityaustralia.gov.au is a portal for diversity management,
directed mainly to business, including business educators.
Diversity
Council Australia
http://www.ceoe.com.au/
Formerly known as the Council for Equal Opportunity in Employment Ltd,
Diversity Council Australia is the most highly regarded diversity and
equal employment opportunity (EEO) support network of its kind for
employers with a distinguished history and acknowledged role as a leader
in employer representation.
Diversity Policy Template
A sample policy with broad commitments related
to recruitment, career development and promotion, as well as and
flexible work practices. Made available by the Programme for the
Practice of Diversity Management of the Australian Centre for
International Business. (AUST)
Guidelines for human resource managers, equity personnel
and senior managers
Includes a range of workplace guidelines
covering workplace harassment, grievance procedures and sample policies
and procedures. Produced by the NSW Anti-discrimination Board. (AUST)
Human Rights & Equal Opportunity Commission
http://www.hreoc.gov.au/
Maintaining a harassment-free workplace
A publication of the Public Service and Merit
Protection Commission, this booklet includes useful information and
advice suited to private sector organisations. (AUST)
Managing Work|Life Balance International provides customised training
programs for businesses in the areas of discrimination, harassment and
bullying. The programs include training for contact officers, team
leaders and supervisors, managers and staff and can assist in the
development of appropriate supporting policies and procedures.
www.worklifebalance.com.au
WorkplaceInfo
A specialist subscription-based website designed specifically for
Australian HR and IR professionals.
www.workplaceinfo.com.au
http://www.workplaceinfo.com.au/templates/say/sexual_harassment.htm
Publications
Hemphill, H. & Haines, R. (1998).
Confronting discrimination in your workplace. HR Focus, Vol.75
No. 7, pp. 5-6.
Jackson, R. (1998). Sex discrimination cases: Big dollars demand senior
involvement. Australian CPA, Vol. 68 No. 9, pp. 51-53.
Jenero, K.A. & Galligano M.L. (2003). Courts continue to emphasize
importance of policy development and training. Employee Relations Law
Journal, Vol .28 No. 4, pp. 113-124.
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