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Respectful Workplace Your Rights and Responsibilities
What is Equal Opportunity?
Equal Opportunity Principles
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
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




Fairness
Respect
Equity
Merit
Inclusiveness
Diversity
Tolerance
Equal Opportunity Policy
Responsibilities of all staff
 Treat each other fairly and with respect
 Do not discriminate against, harass, sexually
h...
Legislation - Victoria
 Equal Opportunity Act (Vic)
 Occupational Health and Safety Act (Vic)
 Fair Work Act
Key Definitions
 Discrimination
 Harassment
 Sexual Harassment
 Bullying
 Victimisation
Scope of Legislation
 Employment
 Goods and services
 Education

 Accommodation
 Clubs and club membership
 Sport
 ...
‘Employment’ is:
 Recruitment, selection, promotion

 Redundancies
 Working conditions
 Leave
 Rostering and allocati...
Direct Discrimination
Treating, or proposing, to treat someone unfairly
or less favorably because of their actual or
assum...
Indirect Discrimination
A requirement or condition or practice that:
 Applies to everyone
 Has a disproportionately nega...
Attributes
 Disability

 Parental status

 Age

 Carer status

 Sex

 Pregnancy

 Race

 Breastfeeding

 Physical...
Sexual Harassment
Sexual Harassment is:

Unwelcome conduct of a sexual nature in
circumstances where a reasonable person,
...
Forms of Sexual Harassment
 Email messages, screen savers
 Gifts
 Physical conduct - touching
 Demands for sexual favo...
Harassment
Any form of behaviour that is unwanted and likely to create an
uncomfortable or hostile workplace by:
 humilia...
Workplace Bullying I
A worker is bullied at work if an individual or a
group of individuals repeatedly behave
unreasonably...
Workplace Bullying II
It is important to note the following:
• there must be repeated behaviour;
• the behaviour must be u...
Bullying is not …
If the conduct complained of is reasonable
management action carried out in a reasonable manner

……. tha...
Favouritism

Unfair allocation
of tasks

• SUBTLE

Ostracising

Name calling

Initiation
rights

OBVIOUS

Unwarranted/
exc...
Forms of Bullying
 Verbal abuse

 Spreading malicious rumors
 Excluding, ostracising, ignoring employees
 Performance ...
Victimisation
Treating someone less favourably because they have or
intend to:


Make a complaint



Be a witness to a c...
What is the workplace?
 Extends beyond physical boundaries

 Extends beyond the set times of work
Eg: includes staff mee...
Personal Liability
Individuals will be held responsible for their own
behaviour at work and work-related functions
Breache...
Leader’s Responsibility
 Role model appropriate behaviour

 Promote Policies
 Be alert to language, practices, attitude...
Accessory Liability
 A person must not request, instruct, induce,
encourage, authorise or assist another person
to discri...
Employer Responsibilities
Vicarious liability If a person, in the course of employment, engages in
discriminatory conduct,...
Who staff can talk to?
Another
Manager

Contact
Officer

Respondent

Complainant
VEOHRC
Union

HR Manager
Complaints Procedure
Informal Procedure
 Raising your complaint with an appropriate person

Formal Procedure
 Investigat...
Further Information
www.fairwork.gov.au

www.humanrightscommission.vic.gov.au
Complete Survey
• Please complete survey by clicking on the
following link.
https://www.surveymonkey.com/s/HM5VYCK
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Adventist Education Australia Online Training 2014

Adventist Education Australia Online Training 2014

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Adventist Education Australia Online Training 2014

  1. 1. Respectful Workplace Your Rights and Responsibilities
  2. 2. What is Equal Opportunity?
  3. 3. Equal Opportunity Principles        Fairness Respect Equity Merit Inclusiveness Diversity Tolerance
  4. 4. Equal Opportunity Policy
  5. 5. Responsibilities of all staff  Treat each other fairly and with respect  Do not discriminate against, harass, sexually harass or bully other staff members  Understand how behaviour and attitude can impact on others  Discuss any concerns you have with a contact officer or appropriate person
  6. 6. Legislation - Victoria  Equal Opportunity Act (Vic)  Occupational Health and Safety Act (Vic)  Fair Work Act
  7. 7. Key Definitions  Discrimination  Harassment  Sexual Harassment  Bullying  Victimisation
  8. 8. Scope of Legislation  Employment  Goods and services  Education  Accommodation  Clubs and club membership  Sport  Disposal of land  Local government
  9. 9. ‘Employment’ is:  Recruitment, selection, promotion  Redundancies  Working conditions  Leave  Rostering and allocation of tasks  Meetings, meeting times  Any other benefit of employment
  10. 10. Direct Discrimination Treating, or proposing, to treat someone unfairly or less favorably because of their actual or assumed attribute
  11. 11. Indirect Discrimination A requirement or condition or practice that:  Applies to everyone  Has a disproportionately negative impact on people with particular attributes; and  Is unreasonable
  12. 12. Attributes  Disability  Parental status  Age  Carer status  Sex  Pregnancy  Race  Breastfeeding  Physical features  Industrial activity  Marital status  Political belief/activity  Gender identity  Religious belief/activity  Sexual orientation  Employment Activity  Lawful sexual activity * personal association with the above
  13. 13. Sexual Harassment Sexual Harassment is: Unwelcome conduct of a sexual nature in circumstances where a reasonable person, having regard to all of the circumstances, would anticipate that the other person would be offended, humiliated or intimidated.
  14. 14. Forms of Sexual Harassment  Email messages, screen savers  Gifts  Physical conduct - touching  Demands for sexual favors or for out of work social activities  Offensive or demeaning comments, questions, jokes, innuendo  Comments or questions about a person’s sexual activities  Any sexually graphic pictures
  15. 15. Harassment Any form of behaviour that is unwanted and likely to create an uncomfortable or hostile workplace by:  humiliating  seriously embarrassing  offending; or  intimidating a person and that happens because of their attributes protected by law
  16. 16. Workplace Bullying I A worker is bullied at work if an individual or a group of individuals repeatedly behave unreasonably towards a worker, or a group of workers which the worker is a member and that behaviour creates a risk to health and safety.
  17. 17. Workplace Bullying II It is important to note the following: • there must be repeated behaviour; • the behaviour must be unreasonable; and • that behaviour must create a risk to health and safety.
  18. 18. Bullying is not … If the conduct complained of is reasonable management action carried out in a reasonable manner ……. that conduct does not contravene the workplace bullying provisions.
  19. 19. Favouritism Unfair allocation of tasks • SUBTLE Ostracising Name calling Initiation rights OBVIOUS Unwarranted/ excessive criticism Denial of benefits Physical assault
  20. 20. Forms of Bullying  Verbal abuse  Spreading malicious rumors  Excluding, ostracising, ignoring employees  Performance counseling staff in public  Assigning meaningless tasks unrelated to the job  Giving some employees impossible assignments  Changing work rosters to inconvenience employees  Withholding vital information or resources
  21. 21. Victimisation Treating someone less favourably because they have or intend to:  Make a complaint  Be a witness to a complaint  Act in good faith in bringing information or an allegation under legislation  Refuse to breach EO legislation
  22. 22. What is the workplace?  Extends beyond physical boundaries  Extends beyond the set times of work Eg: includes staff meetings, conferences, Christmas parties ….
  23. 23. Personal Liability Individuals will be held responsible for their own behaviour at work and work-related functions Breaches of policy or the law may lead to them being required to:     Change their behaviour Apologise Face workplace discipline Pay compensation (through VEO&HRC or VCAT)
  24. 24. Leader’s Responsibility  Role model appropriate behaviour  Promote Policies  Be alert to language, practices, attitudes or behaviour that create an environment where harassment and bullying can occur  Intervene in inappropriate behaviour  Create an environment where harassment is less likely to happen  Respond to and resolve any complaints
  25. 25. Accessory Liability  A person must not request, instruct, induce, encourage, authorise or assist another person to discriminate, sexually harass or victimise another  To comply with such a request could result in a complaint being lodged against both parties
  26. 26. Employer Responsibilities Vicarious liability If a person, in the course of employment, engages in discriminatory conduct, sexual harassment or victimisation, both the person and the employer are liable and a complaint may be lodged against either or both of them Exception In order to discharge liability employers must take reasonable precautions to prevent employees from discriminating or harassing others
  27. 27. Who staff can talk to? Another Manager Contact Officer Respondent Complainant VEOHRC Union HR Manager
  28. 28. Complaints Procedure Informal Procedure  Raising your complaint with an appropriate person Formal Procedure  Investigation of the complaint - independent and impartial person Possible Outcomes  Appropriate action which may include disciplinary action
  29. 29. Further Information www.fairwork.gov.au www.humanrightscommission.vic.gov.au
  30. 30. Complete Survey • Please complete survey by clicking on the following link. https://www.surveymonkey.com/s/HM5VYCK

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