Workplace Behaviour Policy Flashcards
Who does the Workplace Behaviour Policy apply to?
- All employees, including current and prospective
- Work experience and work placement students
- Contract workers
- Commissioned agents of FRV
- Everyone FRV employees deal with in the course of their work
When/Where does the Workplace Behaviour Policy apply?
The policy uses a broad definition of ‘workplace’ that extends beyond the physical premises of the work and outside normal working hours, including:
- Dealing with members of the public
- Work-related functions
- Conferences; and
- Other social activities involving employees
In regards to the Workplace Behaviour Policy, everyone who works at FRV is responsible for ensuring that they:
- Participate in FRV scheduled workplace behaviour information sessions
- Are familiar with the policy; and
- Comply with the policy
*ON 2024 EXAM:
Breaches of the Workplace Behaviour Policy by FRV Operational Staff may lead to actions such as:
- A verbal apology
- A written apology
- Attendance at additional awareness/information sessions;
- Counselling;
- An Adverse Report
- Investigation and charges laid under the FRV act 1958, which may lead to: Loss of promotion rights or wage/salary increases for a specified period, Transfer or Demotion, Dismissal or a combination of the above
What is Unlawful Discrimination?
Unlawful Discrimination occurs when a person is treated less favourably than others because of an irrelevant personal characteristic, such as their age, race, sex and so on. See 4.3 of the policy for full list. Unlawful discrimination can happen either DIRECTLY or INDIRECTLY.
What is Direct Unlawful Discrimination?
Direct unlawful discrimination occurs when a person is treated less favourably than another person in the same or similar circumstances, because of any of the grounds or attributes listed below in 4.3.
EG. A manager decides to give training opportunities only to employees under the age of 50. This is DIRECT age discrimination.
What is Indirect Unlawful Discrimination?
Indirect unlawful discrimination occurs when there is rule, requirement or practice which applies to everyone, but with which some groups of people cannot comply because of a personal attribute. Unless the rule is ‘REASONABLE IN THE CIRCUMSTANCES’ it will be unlawful.
EG. Minimum height requirements used to exist in FRV and DIRECTLY discriminated against short people on the basis of PHYSICAL FEATURES, and INDIRECTLY discriminated against women and people of certain races, who tend to be shorter.
4.3. Unacceptable grounds or attributes of Discrimination or Harassment
- Age
- Breastfeeding
- Gender Identity
- Disability/Impairment
- Industrial Activity
- Employment Activity
- Lawful Sexual Activity
- Marital Status
- Parental Status or status as a carer
- Physical features
- Political Belief or activity
- Pregnancy
- Race
- Religious Belief or activity
- Sex
- Sexual orientation
- Personal Association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes
*ON THE 2023/24 EXAM
What is Vilification?
Vilification is a public act which incites hatred towards, serious contempt for, or severe ridicule of, a person or group on the grounds of race or religion.
*ON THE 2023/24 EXAM
What is Sexual Harassment?
A person sexually harasses another person if they:
- Make an ‘unwelcome sexual advance’
- Make an ‘unwelcome request for sexual favours’
- Engage in any other ‘unwelcome conduct of a sexual nature’
AND a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated
‘Conduct of a Sexual Nature’ Includes:
- Subjecting a person to any act of physical intimacy
- Making, orally or in writing, any remark or statement with sexual connotations to a person or about a person; and
- Making any gesture, action or comment of a sexual nature
*ON THE 2023/24 EXAM
Is Motive relevant in regard to sexual harassment?
Sexual harassment is unwelcome, uninvited behaviour which is offensive from the viewpoint of the person being harassed. It does not matter that the offender did not mean or intend to sexually harass the other person. In other words, an offender’s ‘innocent intent’ is irrelevant.
*ON THE 2023/24 EXAM
What is Bullying?
Workplace bullying is repeated unreasonable behaviour directed towards an employee, client, customer, contractor or other external party that creates a risk to their health and safety.
Bullying is behaviour that victimises, humiliates, undermines or threatens a person, or would reasonably be expected to do so. Bullying breaches this policy and also FRV’s Occupational Health and Safety Policy, which provides that all employees must take reasonable care for the health and safety of their colleagues at FRV.
What is Victimisation?
Victimisation means subjecting or threatening to subject someone to a ‘detriment’, because they propose to, have, or are believed to have, under this policy, equal opportunity legislation or occupational health and safety legislation;
- Asserted their rights under this policy, or the relevant legislation;
- Alleged that another person has breached this policy or the relevant legislation; or
- Assisted someone in raising an issue.
Detriment = Demotion, dismissal, transfer, suspension, loss of a benefit, being ostracised from work or work related social functions, or being the subject of gossip or innuendo.
What are the 6 Steps of Issue Resolution?
STEP 1: Can the employee attempt Informal Resolution?
STEP 2: Lodging a complaint with Issue Resolution Registrar
STEP 3: Issue Resolution Registrar appoints a Review Officer
STEP 4: Review Officer determines appropriate process
STEP 5: Issue Resolution Registrar receives report
STEP 6: FRV Authorised person receives report
*ON THE 2023/24 EXAM
How to Lodge a Complaint in the WBP?
A complaint may be lodged with the Issue Resolution Registrar in writing providing as much information as possible, including:
- Specific details of the complaint including the substance of the allegations describing dates, times, and places as to when and where events occurred and the identification of the persons involved including witnesses,
- Outcomes sought by the employee
- Any previous attempts which have been made to resolve the matter (informal resolution)
- The names of the employee’s support person if applicable
- Any other appropriate and relevant information
What forms Unacceptable Behaviour in terms of the WBP?
- Discrimination
- Vilification
- Victimisation
- Bullying
- Harassment
- Occupational Violence
