STAFF MANAGEMENT 1: Discrimination and harassment policy

Question 1

Discrimination and harassment policy.

Overview: What does the Discrimination and Harassment Policy provide. (3)

Answer 1

Provides:

1. A framework for the Commissioner to investigate/address allegations of D and H.
2. Sets out obligations/responsibilities of both the Commissioner and employees when seeking to resolve issues.
3. Affirms commitment of police to being a good employer and to eliminate D and H from workplace.

Question 2

Discrimination and harassment policy.

Overview: What is the purpose of the Discrimination and Harassment Policy? (2)

Answer 2

To promote:

1. Fair treatment, timely and effective resolution
2. To provide a procedure to address D and H while promoting employer’s obligations under: Human Rights Act Health and Safety in Employment Act Employment Relations Act

Question 3

Discrimination and harassment policy.

Overview: What does the D and H policy replace?

Answer 3

1. Sexual Harassment policy.

Question 4

Discrimination and harassment policy.

Overview.

Scope: Who and what does the discrimination and harassment policy apply to? (2)

Answer 4

1. Police employees, volunteers, contractors or other persons who are engaged by/provide services to Police.
2. Situation where a person (in workplace) makes an allegation of D and/or H.

Question 5

Discrimination and harassment policy.

Scope: What does harassment include? (3)

Answer 5

Any allegations of:

1. Sexual H
2. Racial H
3. Bullying (as defined in this policy).

Question 6

Discrimination and harassment policy.

Principals applying to this policy: What 5 principals apply to the D and H policy?

Answer 6

1. All employees must adhere to the CoC and Police Values.
2. All parties may use informal constructive dialogue to resolve the issues at the outset.
3. Employees have the right to be represented, to have a support person present (at any stage).
4. Respondents have the right to know the substance of the allegation(s) and any information the other party has.
5. Resolved in a timely manner.

Question 7

Discrimination and harassment policy.

Additional rights with formal resolution: If the workplace harassment is to be resolved formally, then the complainant and respondent have additional rights. What are they? (5)

Answer 7

1. Impartial investigator/decision maker appointed.
2. Be heard (verbally and/or in writing) by the investigator/decision maker.
3. Kept informed about the progress of the investigation.
4. Timely investigation.
5. Advised of the outcome.

Question 8

Discrimination and harassment policy.

Definitions:

ss21-22 Human Rights Act 1993: Under the definition of discrimination an employee is discriminated against directly or indirectly on the basis of what? (2)

Answer 8

1. Sex, marital status, religious or ethical beliefs, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, sexual orientation OR
2. By reason of the employee’s involvement in the activities of a service organisation/union

Question 9

Discrimination and harassment policy.

Definitions. ss21-22 Human Rights Act 1993:

Under the definition of discrimination an employee is discriminated against (directly or indirectly) on the basis of sex, marital status, religious or ethical beliefs, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, sexual orientation OR reason of the employee’s involvement in the activities of a service organisation/union BY….? (3)

Answer 9

1. Refusing or Omitting to offer/afford to the employee: the same terms of employment conditions of work fringe benefits opportunities of training promotion/transfer made available to others with the same or similar qualifications, experience and skills.
2. Dismissing or subjecting the employee to any detriment, in circumstances other employees are not or would not be dismissed or subjected to such detriment.
3. Retiring or requiring or causing the employee to retire/resign.

Question 10

Discrimination and harassment policy.

Definitions:

Harassment is behaviour directed towards an employee, volunteer or contractor by any person engaged by the police that meet ALL four criteria. List ALL 4 criteria?

Answer 10

1. Behaviour is not legitimate.
2. It is unwelcome and unsolicited.
3. The employee/Volunteer/Contractor considers the behaviour to be offensive, intimidating, humiliating or threatening
4. The behaviour is either repeated or of such significance that it has a detrimental effect on their employment, performance or job satisfaction

NB: It may be a single incident or a course of conduct.

Question 11

Discrimination and harassment policy.

Definitions:

Under the Harassment Act s3 1997 a person who has suffered harassment as defined in the Act may make an application to whom and for what?

Answer 11

To the Court for a restraining order.

Question 12

Discrimination and harassment policy.

Definitions:

What behaviours are NOT discrimination, harassment or bullying for the purposes of this policy? (7)

Answer 12

1. Issuing reasonable instructions/expectations.
2. Warning/disciplining someone (fair process).
3. Requiring reasonable standard of performance.
4. Legitimate criticism (constructive, during PA).
5. Affirmative action policies.
6. Parental leave provisions.
7. Reasonable accommodation of aids for disabilities.

Question 13

Discrimination and harassment policy.

Definitions:

Racial Harassment s63 Human Rights Act 1993: Racial harassment of an employee/volunteer/contractor occurs when any person engaged by Police does what? (3)

Answer 13

1. Expresses hostility, brings them into contempt or ridicule on the ground of their race, colour, or ethnic/national origins.
2. Is hurtful or offensive.
3. Is repeated or has a detrimental effect on their employment, job performance or job sanctification.

Question 14

Discrimination and harassment policy.

Definitions:

Sexual harassment s62 Human Rights Act 1993: When does Sexual harassment of an employee, volunteer or contractor occur? (2)

Answer 14

If any person engaged by Police, directly or indirectly,

1. EITHER: Makes a request for sexual intercourse, sexual contact or other form of sexual activity that implied or overt: - promise of preferential treatment - threat of detrimental treatment - threat about their employment status.
2. OR (Written or Spoken) of a sexual nature or physical behaviour of a sexual nature subjects to the employee/volunteer/contractor to behaviour that is unwelcome or offensive AND is repeated OR Has a detrimental effect on employment, job performance or job sanctification.

Question 15

Discrimination and harassment policy.

Definitions:

Serious allegation: What is the definition of a Serious allegation? (2)

Answer 15

1. Sufficiently serious 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
2. May amount to serious misconduct, if found proved following investigation.

Question 16

Discrimination and harassment policy.

Discrimination and harassment resolution procedures: Who may make an allegation of discrimination and/or harassment?

Answer 16

Police employee/Volunteer or Contractor working for the Police about the behaviour of another Employee/Volunteer/Contractor or any other person engaged by the Police.

Question 17

Discrimination and harassment policy.

Summary of discrimination and harassment processes:

Outline the 5 key steps in the process for resolving allegations of D and or H.

Answer 17

1. Complainant gives notification of D and H.
2. Seriousness of the allegation is assessed.
3. The process for resolving is determined.
4. In appropriate cases, Human Resources Manager meets with the Respondent.
5. Resolution options are agreed and actioned. If resolution is not achieved a complainant may invoke other processes under the ER Act 2000 or the Human Rights Act 1993.