15.0 SEXUAL HARASSMENT
15.1 Introduction
The Employer is committed to the provision of a fair, healthy and safe workplace in which everyone is treated with dignity and respect and in which no individual or group feels offended, threatened or intimidated. Everyone in the workplace has the right to a workplace that is safe and free from sexual harassment.
Sexual harassment is a legally recognised form of sex discrimination. Sexual harassment and sex discrimination are both unlawful under the Sex Discrimination Act and Fair Work Act.
Sexual harassment in any form will not be tolerated. We recognise that sexual harassment can seriously affect workers' working lives by detracting from a productive working environment and can seriously impact on the health, confidence, morale and performance of those affected by it, including anyone who witnesses or has knowledge of the unwanted or unacceptable behaviour. Any person who is subject to sexual harassment in the workplace is encouraged to speak up and follow sexual harassment complaints procedure outlined in this policy.
15.2 What is Sexual Harassment?
Sexual harassment is a specific and serious form of harassment. It is unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, spoken or written. It can include:
· inappropriate physical contact, such as unwelcome touching
· inappropriate staring or leering
· making a suggestive comment or joke
· sharing sexually explicit pictures or posters, sending sexually explicit emails or messages
· making an unwanted invitation to go out on a date
· a request for sex
· intrusive questioning about a person's private life or body
· unnecessary familiarity, such as deliberately brushing up against a person
· an insult or a taunt of a sexual nature
· harassment on the grounds of sex
· behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.
Sexual harassment in connection with the workplace can be committed by “all workers”, including employees, contractors, subcontractors, outworkers, apprentices, trainees, students and volunteers as well as prospective workers and third parties such as clients and customers.
Sexual harassment does not necessarily have to take place in the workplace to be unlawful. Sexual harassment in the course of employment can occur during work hours, at work-related events such as training or social events, between people sharing the same workplace, or even between colleagues outside of work.
Behaviour that may be considered sexual harassment in one situation may not be in others, for example flirtation or love and affection between two consenting individuals which is mutual, consensual or reciprocated is not sexual harassment.
A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated. If substantiated, sexual harassment is considered serious misconduct under the Fair Work Act and can amount to a valid reason for termination without notice.
Sexual harassment incudes behaviour which could result in a workplace being offensive, intimidating or humiliating to a person because of their gender, even if the behaviour is not directed at a single person eg where employees engage in sexist conversation.
Manager and supervisors have an additional responsibility to ensure the safety and welfare of their employees. This includes modelling appropriate standards of behaviour, taking steps to educate and make staff aware of their obligations under this policy and the law and responding quickly and appropriately to any form of sexual harassment.
The Employer takes sexual harassment seriously Including the duty to eliminate discriminatory behaviour in the workplace. This policy requires all staff (including apprentices and trainees), volunteers as well as contractors to ensure their behaviour is respectful and appropriate. These examples are not exhaustive and disciplinary action up to and including termination of employment, will be taken against workers committing any form of sexual harassment. Appropriate action in relation to an employee will include disciplinary action in accordance with the Employer’s disciplinary and disciplinary termination procedure. For other workers, appropriate action may include termination of their engagement with the Employer.
15.3 Responsibilities
All staff, volunteers and contractors are expected to behave respectfully and appropriately at all times. Managers and supervisors carry additional responsibility to model correct behaviour, ensure staff are aware of this policy and respond promptly to complaints. The Employer has a duty to eliminate discriminatory behaviour and will take whatever action is required, up to and including termination of employment or engagement.
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