Policies

Discrimination and Harrassment

Document ID No.:
ATP0006
Authorised by:
Wayne Tonner - Chief Executive Officer
Last Reviewed:
April 10, 2018

Policy Statement

Asset Training is committed to fostering the right of individuals to be free from discrimination and harassment while engaged in activities undertaken as part of their study, employment, or other forms of association with Asset Training.

Every person is to be treated with dignity, courtesy and respect in accordance with the codes of conduct for staff. Discrimination and harassment will not be tolerated under any circumstances and Asset Training will take all reasonable steps to eliminate discrimination and harassment of or by staff, students and visitors.

Asset Training will use educative approaches for the prevention of discrimination and harassment, ensuring staff and students know their rights and responsibilities, and to encourage the reporting of behaviour that breaches this policy.

Should a complaint of alleged harassment or discrimination arise Asset Training will facilitate timely and appropriate action through appropriate informal and/or formal conciliatory procedural options.

Procedure
  • All staff and students have a responsibility to behave in a respectful and equitable manner towards other staff and students. 
  • Managers and Supervisors have a particular responsibility to ensure that the workplace is free from discrimination and harassment, including sexual harassment, and that relevant policies and procedures regarding resolutions are followed.
  • Asset Training expects that all parties involved will treat all complaints confidentially and will make every attempt to resolve the problem at the lowest possible level. In the event that this is not possible, other steps may need to be taken that may include the activation of investigation and misconduct procedures as specified in appropriate policies.
  • Trainers/Assessors and appropriate staff will undertake educative processes to develop awareness of issues related to discrimination and harassment, including sexual harassment and establish and maintain mechanisms to deal with grievances under this policy.
  • Trainers/Assessors and appropriate staff should regularly undertake a risk assessment process, which includes identifying the risk of discrimination or harassment and taking appropriate remedial action where necessary. Trainers/Assessors to whom a complaint of discrimination or harassment, including sexual harassment, is made should follow the relevant procedure.
  • The procedures that are utilised in conjunction with this policy do not pre-empt, limit or delay the parties' rights to pursue other avenues for resolution of grievances where applicable.
Definitions

Discrimination - is to treat an individual less favourably because of an attribute or to impose unreasonable terms or conditions for which individuals with a particular attribute are unable to comply. Vilification on the grounds of race, religion, sexuality or gender identity is also unlawful Attributes include:

  • Parental status
  • Pregnancy / breastfeeding
  • Religious belief or activity
  • Political belief or activity
  • Race /nationality / ethnic origin
  • Disability or impairment
  • Trade union activity
  • Family responsibilities
  • Relationship status
  • Physical appearance (body shape and size)
  • Sex / lawful sexual activity / sexuality
  • Association with, or relation to, a person identified on the basis of any of the above attributes
  • Gender identity
  • Age

Harassment - including workplace harassment or bullying, is repeated behaviours, other than behaviour that is sexual harassment, that is directed at an individual or group and is offensive, intimidating, humiliating or threatening, and is unwelcome and unsolicited. Examples include:

  • Abusing a person loudly
  • Repeated threats of dismissal or other severe punishment for no reason
  • Constant ridicule and being put down
  • Leaving offensive messages on email or the telephone
  • Sabotaging a person’s work {for example, by deliberately withholding or supplying incorrect information, hiding documents or equipment, not passing on messages and getting a person into trouble in other ways}
  • Excluding and isolating a person from workplace activities
  • Persistent and unjustified criticisms, often about petty, irrelevant or insignificant matters
  • Humiliating a person through gestures, sarcasm, criticism and insults, often in front of other people
  • Spreading gossip or false rumours about a person with an intent to cause the person harm

It is expected that staff will at times have to discuss inadequacies of performance with other staff, and may have to instruct them in more effective ways of performing their duties. These acts do not constitute harassment. Similarly, providing guidance, conducting performance counselling, commencing unsatisfactory performance procedures or misconduct procedures does not in itself constitute harassment. It is appropriate and expected that both managers and supervisors will offer constructive and legitimate advice as part of their role in a way that does not demean or humiliate. Workplace harassment is not a simple abuse of power from supervisors to subordinate employees: for example, staff can bully their supervisors, and bullying can occur between members of a class towards a Trainer/Assessor.

Sexual Harassment - is any unsolicited, unwelcome and unreciprocated behaviour act or conduct of a sexual nature that embarrasses, humiliates or offends other persons. It can be a single incident or a persistent pattern and can range from subtle behaviour to explicit demands for sexual activity or even criminal assault. Examples:

  • Inappropriate jokes or comments with sexual connotations
  • The display of offensive material
  • Stares and leers or offensive hand or body gestures
  • Comments and questions about another person’s sexual conduct and/or private relationships
  • Persistent unwelcome invitations
  • Requests for sexual favours
  • Offensive written, telephone or electronic mail or other computer system communications
  • Unnecessary close physical proximity including persistently following a person
  • Unwelcome physical contact such as brushing against or touching a person
  • Denigrating comments regarding a person’s gender or sexual preference
  • Negative behaviours, e.g. intimidation or exclusions related to sex of the recipient
Responsibilities

It shall be the responsibility of the Chief Executive Officer to ensure that the requirements of this policy are complied with. The CEO is to ensure this policy continues to comply with relevant state or federal legislation and shall review this policy on a regular basis.