Acceptable Behaviour

9 minute read

intelliHR understands the importance of maintaining workplaces and recruitment practices that are free from unlawful discrimination and harassment, including sexual harassment.

Our clients and employees expect us as an HR technology business developing a next-generation people management platform to understand and apply acceptance of EEO policies. We understand that our influence extends to employees working directly for us and to clients seeking our advice and support.

We recognise that a workplace free from unlawful discrimination and harassment will inspire confidence, creativity and general wellbeing which will ultimately result in improved productivity and better delivery of service to our clients. Our ability to maintain a healthy workplace is also critical in our capacity to attract the highest quality staff.

Unlawful discrimination and harassment, including sexual harassment, will not be tolerated by intelliHR Systems Pty Ltd and we encourage the reporting of any alleged breaches of this policy and related procedures to management. Disciplinary action will be taken against any employee who discriminates against, harasses or abuses another employee. Discipline may involve a warning, counselling or dismissal, depending on the circumstances.

Application of this Policy

This policy applies equally to our recruitment and employment practices, promotion or job progression opportunities, performance management processes, as well as our remuneration and any bonus structures that may apply.

This policy applies to our employees, contractors and volunteers working within our workplace. The policy applies to all work within standard working hours as well as functions, events and training that are sponsored by us for example, conferences and Christmas parties.

Responsibility for this Policy

Whilst management of intelliHR Systems Pty Ltd are primarily responsible for ensuring this policy is implemented at all levels of the business, it is important that all persons covered by the agreement understand that they have an active role to play in it’s implementation and success.

Any person covered by this policy has a responsibility to report suspected breaches of this policy to management or other nominated equal opportunity officers.

Definitions

Equal Employment Opportunity

Equal employment opportunity refers to the absence of unlawful discrimination in all aspects of recruitment, promotion, training and normal working environment. It is based on treating people on merit.

intelliHR will ensure;

all selection for promotion and training will be consistent with the merit principle;
when using labour hire or temporary employees, intelliHR requests that the agencies being used apply non-discriminatory screening and interviewing processes.

Harassment

Harassment is a form of discrimination. It can be defined as any unwelcome behaviour that offends, humiliates or intimidates another person. It is important for all of us to recognise that Harassment on the basis of protected attributes is unlawful.

Harassment can be a serious single or repeated act of offensive behaviour.

There is no requirement that before making a complaint that a person must have advised the alleged harasser that their behaviour is unwelcome.

A list of behaviors which could be considered Harassment is provided in Appendix 1 of this document.

Vilification and Victimisation

Vilification is a public act that incites or encourages hatred of, contempt for, or severe ridicule of a person, or group of people on the grounds of race, ethnic or religious background, sexual orientation or illness (for example, HIV positive). Victimisation is the term used to describe any less favourable treatment, retribution or intimidation associated with a discrimination or harassment complaint.

Discrimination

Unlawful discrimination can occur either directly or indirectly. Not only are harassment and discrimination in the workplace inappropriate behaviours, in some instances they may also be unlawful. intelliHR is committed to a workplace free from discrimination, and as such, will ensure that employees, clients, contractors or suppliers are not treated less favourably or subjected to unwanted behaviour on the basis of any of the following;

Race;
Colour;
Sex;
Sexual orientation;
Age;
Physical or mental disability;
Marital status;
Family or carer's responsibilities;
Pregnancy;
Religion;
Political opinion;
National extraction;
Social origin.

Bullying

Bullying is repeated unreasonable behaviour directed to an employee or group of employees that creates a risk to health (including physical, mental, or emotional health) and safety.

Bullying can be direct or indirect and includes behaviour that humiliates, undermines, or threatens another, and includes the actions of individuals or a group. Bullying can lead to serious breaches of occupational health and safety laws and can also be prosecuted under common law.

A list of behaviors which could be considered Bullying is provided in Appendix 1 of this document.

Social media includes, but is not limited to, social networking sites, video and photo sharing websites, blogging sites, forums and discussion boards. Employees should not post material that is obscene, defamatory, threatening, harassing, discriminatory or hateful to another person, including intelliHR and it’s employees, contractors, partners, competitors or other business related individuals or organisations. Publishing photos or video footage without an individual’s consent could also breach Privacy laws.

Procedure for workplace behaviour complaints

Attempt to resolve it

If possible, try to resolve the matter directly with the other party involved. Tell them that you want their behaviour to stop and refer them to this policy. Your Team Leader is available to assist in this process.

Take it further

If the matter is unable to be resolved either directly by those involved or with the assistance of your manager, the matter should be referred to a member of the Executive Team.

intelliHR investigates

A detailed investigation of the alleged conduct/incident(s) will be carried out to assist in the resolution of the complaint. Witnesses may be called upon as a part of the investigation. Any investigation will be kept confidential.

If complaint is resolved

Action taken to resolve a complaint is dependant on the circumstances of the complaint. A range of actions could be taken to resolve a complaint.

These include (but are not limited to):

Formal counselling for the alleged transgressor;
Disciplinary action, for example, transfer, formal warnings, etc;
Termination of employment;
Apology; commitment that the behaviour will cease;
Written settlement agreement between the parties;
Awareness raising/training session;
Re-crediting leave/costs associated with harassment, (for example, medical or counselling); or
In extreme circumstances - notifying the police.

In the case of potential criminal offences it is necessary for the complainant to notify the Police. Employees will be supported and encouraged to report the offence to the Police if appropriate. We also recognise that this does not negate intelliHR’s responsibility to investigate the complaint.

If complaint is unsubstantiated

If, after thorough investigation, intelliHR is unable to substantiate a complaint, the following steps will be taken;

The reasons for the decision will be explained to the initiator of the complaint:

The complainant will be advised of their right to take the matter to external organisations or jurisdictions;
Any notes concerning the allegations will not be kept on either party’s personnel file – a separate and totally confidential file of the incident will be kept;
A watching brief will be maintained on the situation after the investigation.

If, after investigation, a complaint is found to be frivolous or completely without merit the complainant may be subject to the same disciplinary actions outlined above.

If at any stage during the grievance procedure the complainant is not satisfied with intelliHR actions the complainant can take the matter to the appropriate external grievance authority (for example, Equal Opportunity, Human Rights Commissions or the Employment Relations Authority).

Our Responsibilities

All employees are responsible for their own behaviour. intelliHR is responsible for ensuring appropriate standards of behaviour at work by implementing policies, procedures and guidelines for work, as well as training for managers and employees.

intelliHR:

Ensure intelliHR has a comprehensive and regularly reviewed workplace behaviour policy in place that is well communicated to all employees, including managers, supervisors, casuals and contractors;
Provide all employees with harassment/discrimination training (including refresher training from time to time); and
Take suitable disciplinary action against any person found to have discriminated, harassed, victimised, vilified, or bullied another employee;
Provide all employees with a work environment free from harassment, discrimination, bullying, victimisation and vilification;
Provide a fair and effective procedure for investigating complaints of harassment, bullying and discrimination and provide trained contact officers to support employees through the complaint resolution process;
Ensure confidentiality, impartiality, freedom from repercussion and timely management of complaints and investigation process.

Managers and Directors:

Follow appropriate procedures for investigating complaints of harassment and discrimination if a complaint is brought to them;
Promote and develop a harassment and discrimination free work environment; and
Model appropriate behaviour.

Broader Team and Contractors:

Follow our Acceptable Behaviors Policy - Treat all colleagues fairly and with respect;
Ensure they do not victimise any person involved in a complaint of harassment or discrimination.

Every complaint will be investigated. The relevant Senior Manager, will conduct a confidential investigation. One of these members will conduct the investigation to ensure a fair and transparent process is achieved.

Record keeping

intelliHR will keep confidential records of all complaints made. Access to these files will be restricted. These files will be kept for a period of 7 years from the conclusion of the complaint.

Policy breaches

Policy breaches will be determined case-by-case and may include disciplinary action up to and including dismissal.

Appendix 1

The following is a list of behaviour that could be deemed as harassment;

Non-verbal behaviour

Putting sexually offensive or degrading/insulting material on walls, computers, email and other work areas;
Suggestive looks or leers, hand or body gestures;
Unnecessarily leaning over someone or standing too close to them;
Continually ignoring or dismissing someone’s contribution in a work meeting or discussion.

Verbal behaviour

Offensive jokes of a sexual nature or sexist nature;
Repeated and unwelcome requests for sexual favours;
Repeated and unwelcome requests for dates;
Excessive and unwelcome flirting;
Threats regarding adverse employment action if sexual favours are not granted;
Unwelcome compliments of a sexual nature.

Physical behaviour

Unwanted physical contact (pinching, patting, brushing up against a person, touching, kissing or hugging against a persons will);
Pushing, shoving, or jostling; and
Interfering with someone’s clothing, bags, locker, work equipment, or papers without permission.

The following is a list of behaviour that could be deemed bullying - Note this is not extensive

Isolating or excluding a person from a work team or geographic area unreasonably;
Making unlawful requests;
Spreading rumours or innuendo about someone;
Interfering with a person’s personal property or work equipment or work station or storage area;
Unfair or excessive criticism;
Setting impossible and unfair deadlines; and
Using aggressive/foul language.

The following is a list of behaviour that does not represent bullying - Note this is not extensive

Reasonable management actions carried out in a fair way are not bullying, for example:
Setting reasonable performance goals, standards and deadlines;
Allocating work or hours to an employee;
Transferring an employee;
Deciding not to select an employee for a promotion (based on merit/selection criteria);
Informing an employee about unsatisfactory work performance;
Informing an employee about inappropriate behaviour;
Taking lawful and reasonable disciplinary action;
Implementing organisational changes.