Discrimination and Harassment Policy

Question 1

This Policy - what it does?

Answer 1

• Provides a framework for the Commissioner to investigate and address allegations of discrimination and harassment
• Sets out the obligations and responsibilities of both the Commissioner of Police and Police employees when seeking to resolve issues arising out of allegations of discrimination and harassment in the workplace
• Affirms the commitment of Police to being a good employer and to eliminating discrimination and harassment from the workplace

Question 2

This Policy - what is it’s PURPOSE?

Answer 2

• Promote the fair treatment of all employees and the timely and effective resolution of allegations of discrimination and/or harassment
• Provide a procedure enabling allegations of discrimination and/or harassment to be effectively addressed whilst promoting employer obligations under:
  . Human Rights Act 1993
  . Health and Safety in Employment Act 1992
  . Employment Relations Act 2000
• This policy replaces the Sexual Harassment Policy.

Question 3

This Policy - what is it’s SCOPE?

Answer 3

• This policy applies to any:
  . Situation where a person in the workplace makes an allegation of discrimination and/or harassment
  . Police employees, volunteers, contractors or other persons who are engaged by Police or who provide services to Police
• Harassment includes any allegations of sexual harassment, racial harassment or bullying as defined in this Policy.

Question 4

What is the first PRINCIPLE that apply to this policy?

Clue: there are 5

Answer 4

• All employees must adhere to the standards of behaviours set out in the Code of Conduct and the Core Values of Police

Question 5

What is the 2nd PRINCIPLE that apply to this policy?

Clue: there are 5

Answer 5

• All parties involved in a situation where an allegation of discrimination and/or harassment has been made may use informal constructive dialogue to try and resolve the issues at the outset

Question 6

What is the 3rd PRINCIPLE that apply to this policy?

Clue: there are 5

Answer 6

• All employees have the right to be represented and to have a support person present at any stage of the resolution process where an allegation of discrimination and/or harassment has been made

Question 7

What is the 4th PRINCIPLE that apply to this policy?

Clue: there are 5

Answer 7

• All respondents have the right to know the substance of any allegations made against them, and any information presented on behalf of the other party. They also have the right to respond to any allegation or information, should they choose to do so.

Question 8

What is the 5th PRINCIPLE that apply to this policy?

Clue: there are 5

Answer 8

• All allegations of discrimination and/or harassment should be resolved in a timely manner.

Question 9

What are the “Additional rights with formal resolutions”?

Answer 9

• If the workplace harassment is to be resolved formally then the complainant and the Respondent have additional rights to:

. Have an impartial investigator and decision-maker appointed to the process
. Be heard (verbally and/or in writing) by the investigator and decision-maker
. Be kept informed about the progress of the investigation
. A timely investigation
. Be advised of the outcome of the investigation

Question 10

Definitions: Discrimination

Answer 10

• is where the employee is discriminated against in their employment (directly or indirectly) on the basis of sex, marital status, religious or ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status or sexual orientation or by reason of the employees involvement in the activities of a service organisation/union by:

. Refusing or omitting to offer or afford to the employee the same terms of employment, conditions of work fringe benefits, or opportunities for training, promotion and transfer as made available to other employees with the same or substantially similar circumstances, or
. Dismissing the employee or subjecting them to any detriment, in circumstances in which other employees employed by the Commissioner on work of that description are not or would not be dismissed or subjected to such detriment, or
. Retiring the employee, or requiring or causing the employee to retire or resign
. Exceptions in relation to discrimination in employment do apply and can be found in the Human Rights Act 1993 (ss21-22)

Question 11

Definitions: Harassment

Answer 11

• Harassment is behaviour directed towards an employee, volunteer or contractor by any person engaged by Police that meets ALL these criteria:
  . The behaviour is not legitimate
  . It is unwelcome and unsolicited
  . The employee, volunteer or contractor considers the behaviour to be offensive, intimidating, humiliating or threatening, and
  . The behaviour is either repeated, or of such a significant nature, that it has a detrimental effect on the employees, volunteers or contractors employment, job performance or job satisfaction
• It may be a single incident or a course of conduct
• NOTE:
  . Harassment is further defined in the Harassment Act 1997 (S. 3).
  . Under that Act a person who has suffered harassment as defined in the Act may make an application to the Court for a Restraining Order.
  . If harassment is of a serious or sustained nature it may amount to criminal harassment for the purposes of that Act.

Question 12

What is NOT discrimination or harassment?

Clue: there are 7

Answer 12

• issuing reasonable instructions and expecting them to be carried out
• warning or disciplining someone having followed a fair process in accordance with organizational policy
• requiring reasonable standards of performance in terms of quality, style and team co-operation
• legitimate criticisms about work performance expressed in a constructive manner, including during the performance appraisal process, and requiring a justified improvement in performance
• affirmative action policies
• parental leave provisions
• reasonable accommodation and provision of work aids for staff with disabilities

Question 13

Definitions: Racial harassment

Answer 13

• Racial harassment of an employee, volunteer or contractor occurs when any person engaged by Police, use language (written or spoken) or visual material or physical behaviour that directly or indirectly:
  . Expresses hostility against the employee, volunteer or contractor or brings them into contempt or ridicule on the ground of their race, colour or ethic or national origins, and
  . Is hurtful or offensive to the employee, volunteer or contractor (whether or not that is conveyed to the manager/supervisor), and
  . Is either repeated, or of such a significant nature, that it has a detrimental effect on the employees, volunteers or contractors employment, job performance or job satisfaction (S.63 Human Rights Act 1993)

Question 14

Definitions: Sexual harassment

Answer 14

• Sexual harassment of an employee, volunteer or contractor occurs if any person engaged by Police, directly or indirectly, either:

. Makes a request of the employee, volunteer or contractor for sexual intercourse, sexual contact, or other form of sexual activity that contains an implied or overt:
> promise of preferential treatment in their employment
> threat of detrimental treatment in their employment, or
> threat about their present or future employment status, or

. By the use of language (written or spoken) of a sexual nature, visual material of a sexual nature, or physical behaviour of a sexual nature subjects the employee, volunteer or contractor to behaviour that is unwelcome or offensive to them and that is either repeated, or of such a significant nature, that it has a detrimental effect on the employees, volunteers or contractors employment, job performance or job satisfaction (S.63 Human Rights Act 1993)

Question 15

Definitions: Serious allegation

Answer 15

• An allegation which is sufficiently serious, taking into account all the circumstances including the nature of the allegation, which:
  . Presents a reasonably perceived risk of physical or significant emotional harm to the complainant or other people to whom this policy applies, and/or
  . May amount to serious misconduct, if found proved following investigation

Question 16

Determination of process: Employers Statutory responsibilities

Answer 16

• Police as an employer is subject to a number of statutory obligations. These include obligations to:
  . Take all practicable steps to provide a safe working environment, free from discrimination and harassment
  . Comply with the principles of natural justice, including thoroughly and fairly investigating any complaint, and
  . Make decisions based on what a fair and reasonable employer would do in all the circumstances
• Although the wishes of a complainant will be a relevant factor, those wishes cannot abrogate (do away with) the responsibility of the employer to determine how to manage a situation

Question 17

Determination of process: Minor matters

Answer 17

• The complainant may take the following action, without involving Police as the employer:
  . Do nothing
  . Talk directly to the Respondent (with or without the assistance of a support person) explaining the alleged discrimination and/or harassment, it’s effect on the complainant and requesting the Respondent to cease their behaviour
  . Write a letter to the Respondent explaining the alleged discrimination and/or harassment, it’s effect on the complainant and requesting the Respondent to cease their behaviour, or
  . Ask a third person to speak to the Respondent on their behalf and to ask the Respondent to cease their behaviour
• Where both the complainant and the Respondent agree, they may engage in a Informal resolution process to try to resolve the allegation.
• In addition, where the human resources manager views it necessary, they may arrange a meeting between the appropriate manager and the complainant to determine if there are any steps that Police, as employer, may take to help resolve the matter.

Question 18

Determination of process: Minor matters - When the matter is not resolved?

Answer 18

• Where the Respondent denies the allegation or does not agree to participate in the process proposed by the complainant, or where the informal option selected does not resolve the matter, the complainant may request that a formal investigation be commenced.

Question 19

Determination of process: Serious Allegations

Answer 19

• Where a matter raised is a serious allegation, how the complainant wishes the matter to be resolved is a relevant factor but is not determinative.
• The human resources manager should assess and decide whether a formal investigation should be commenced, taking into account:
  . The Complainants views
  . The Respondents views
  . The seriousness of the alleged discrimination and/or harassment, or
  . Whether the allegation may amount to serious misconduct, if upheld following investigation, and
  . Any advice from Employment Relations and the Equity and Diversity Manager, PNHQ, as to how similar matters have been treated.

Question 20

Determination of process: Working arrangements while allegations are resolved

Answer 20

• In the case of allegations of discrimination and/or harassment, the Commissioner (or delegate) may consider whether alternative duties or working arrangements are required or desirable while the allegations are being resolved.