Adventist Education Australia Online Training 2014

1. Respectful Workplace Your Rights and Responsibilities

2. What is Equal Opportunity?

3. Equal Opportunity Principles
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Fairness
Respect
Equity
Merit
Inclusiveness
Diversity
Tolerance

4. Equal Opportunity Policy

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. Legislation - Victoria
 Equal Opportunity Act (Vic)
 Occupational Health and Safety Act (Vic)
 Fair Work Act

7. Key Definitions
 Discrimination
 Harassment
 Sexual Harassment
 Bullying
 Victimisation

8. Scope of Legislation
 Employment
 Goods and services
 Education
 Accommodation
 Clubs and club membership
 Sport
 Disposal of land
 Local government

9. ‘Employment’ is:
 Recruitment, selection, promotion
 Redundancies
 Working conditions
 Leave
 Rostering and allocation of tasks
 Meetings, meeting times
 Any other benefit of employment

10. Direct Discrimination
Treating, or proposing, to treat someone unfairly
or less favorably because of their actual or
assumed attribute

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. 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. 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. 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. 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. 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. 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. 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. Favouritism
Unfair allocation
of tasks
• SUBTLE
Ostracising
Name calling
Initiation
rights
OBVIOUS
Unwarranted/
excessive criticism
Denial of
benefits
Physical
assault

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. Victimisation
Treating someone less favourably because they have or
intend to:
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Make a complaint
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Be a witness to a complaint
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Act in good faith in bringing information or an
allegation under legislation
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Refuse to breach EO legislation

22. What is the workplace?
 Extends beyond physical boundaries
 Extends beyond the set times of work
Eg: includes staff meetings, conferences,
Christmas parties ….

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:
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Change their behaviour
Apologise
Face workplace discipline
Pay compensation (through VEO&HRC or VCAT)

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. 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. 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. Who staff can talk to?
Another
Manager
Contact
Officer
Respondent
Complainant
VEOHRC
Union
HR Manager

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. Further Information
www.fairwork.gov.au
www.humanrightscommission.vic.gov.au

30. Complete Survey
• Please complete survey by clicking on the
following link.
https://www.surveymonkey.com/s/HM5VYCK