Contents

Equal Employment Opportunity (EEO), Discrimination, Harassment, Bullying and Occupational Violence Policy.           3

- Objective.                                                                                                                                                                                           3

- Scope.                                                                                                                                                                                                 3

- Definitions.                                                                                                                                                                                        3

- Vicarious liability.                                                                                                                                                                              4

- What is unlawful discrimination?.                                                                                                                                                  5

- When is discrimination unlawful?.                                                                                                                                                 5

- Discrimination in Employment                                                                                                                                                       5

- Reasonable Adjustments.                                                                                                                                                               6

- What is unlawful harassment?.                                                                                                                                                      6

- What is sexual harassment?.                                                                                                                                                          6

- What is racial harassment?.                                                                                                                                                            8

- What is racial and religious vilification?.                                                                                                                                       8

- What is bullying?.                                                                                                                                                                              8

- Definition and Examples.                                                                                                                                                                8

- What is not bullying.                                                                                                                                                                        9

- What is occupational violence?.                                                                                                                                                     9

- No victimisation.                                                                                                                                                                               9

- Parental or carer flexible work arrangements.                                                                                                                         10

- Impairment                                                                                                                                                                                      11

- Procedure to make a complaint                                                                                                                                                   11

- Procedure for managers to receive a complaint                                                                                                                       11

- Possible Outcomes.                                                                                                                                                                        12

- Failure to comply with policy.                                                                                                                                                       12

- References.                                                                                                                                                                                      13

- Review of policy.                                                                                                                                                                              13

Equal Employment Opportunity (EEO), Discrimination, Harassment, Bullying and Occupational Violence Policy

Objective

• To provide a safe, respectful and flexible work environment for all employees to work in and attract and retain the best possible employees.  To identify the conduct that is unacceptable and articulates what constitutes unlawful discrimination, harassment, bullying, occupational violence and victimisation in the workplace.  To provide equal employment opportunity to all qualified persons without discrimination or harassment.  The company will make reasonable job accommodation for persons with disabilities who can perform the essential functions of the position for which they are qualified and selected.

• The policy will establish a complaints procedure to be followed if a person has a complaint in relation to a breach of the policy.

• This Policy is effective from July 2019 and will be reviewed biennially.

Scope

This Policy applies to all workers/employees of Sargeant Transport.  Volunteers, contractors and sub-contractors and labour-hire are also expected to comply with the code as a condition of their engagement.

Definitions

For the purpose of this policy the following definitions shall be used to convey the intent of the policy:

Company                             Sargeant Transport.

Employee                           Workers or Employees engaged by Sargeant Transport.

Contractor                          Contractors engaged by Sargeant Transport.

Volunteers                         Any volunteers engaged by Sargeant Transport.

Labour Hire                        Labour Hire engaged by Sargeant Transport.

Direct Discrimination     When someone is treated unfavourably because of a personal characteristic that is protected under Victorian law.

• Indirect Discrimination : When a rule seems neutral, but has a discriminatory impact on certain people. For example, a  minimum height requirement of 6 foot for a particular job might be applied equally to men and women, but would indirectly discriminate on the basis of sex, as women tend to be shorter  than men.

• Sexual Harassment :  Includes unwelcome conduct of a sexual nature in circumstances in which it could reasonably  be expected to make a person feel offended, humiliated or intimidate a reasonable person, having regard to all the circumstances, would have anticipated that the person harassed would be offended, humiliated or intimidated.

• Workplace Bullying        May include behaviour that is directed toward an employee, or group or employees, that      creates a risk to health and safety e.g. Physical and/ or verbal abuse, excluding or isolating individuals or giving impossible tasks.

• Protected Attributes      The list of personal characteristics contained within the Equal Opportunity Act 2010 (Vic) as   detailed on the following page.   Discrimination against or harassment of an individual based  on the protected attributes is unlawful.

• Complaint                           A person who lodges a complaint alleging that they have been subjected to bullying, unlawful discrimination, harassment, occupational violence or victimisation.

• Merit                                    Refers to the job-related qualities of an individual and includes demonstrable skills, abilities, aptitudes, qualifications and experience.

• Respondent                       A person who is the subject of a complaint and who is alleged to have subjected the complainant to bullying, harassment, unlawful discrimination, occupational violence or victimisation.

• Workplace                          Place of employment, where a person attends and is required to carry out the roles and responsibilities outlined at the commencement of their working relationship with Sargeant Transport.

Vicarious liability

Under state and Federal legislation, the employer as well as the alleged harasser/discriminator/ bully may be legally responsible for the discrimination or harassment that occurs in the workplace or in connection with a person’s employment.  An employer generally will not be vicariously liable if it can prove that it took all reasonable steps to prevent the staff member from engaging in the unlawful conduct.

Bystander reporting responsibilities

You can take bystander action if you witness harassment at work. You can also take action if you didn’t see the harassment occur, but someone told you that it happened. The action you take may be different but both forms of action can be effective. By taking action under this clause you will be afforded the same protections as described in this policy.

• You can see harassment when it occurs – recognise the behaviour for what it is, name it, and do not ignore it.

• You can talk – to the person who is doing the harassment, telling him/her to stop the harassment

• You can also, with the permission of the person experiencing the harassment …

  • speak to your employer

  • speak to your human resources manager

  • speak to your colleagues.

• You can support the person experiencing the harassment – you can help them take action for themselves. You can support them by:

  • listening to them

  • referring them to your organisation’s policies and procedures about harassment

  • assisting them find information about how to make a complaint

  • encouraging them to report the problem

  • offering to accompany them when they report the problem.

• There are also other things you can do:

  • talk to your manager or Human Resources about harassment in the workplace, your disclosure will be kept confidential.

What is unlawful discrimination?

Protected Attributes

• Age;

• Breastfeeding;

• Impairment;

• Employment activity;

• Gender identity;

• Industrial activity or inactivity;

• Lawful sexual activity;

• Marital status;

• Physical features;

• Political activity or belief;

• Pregnancy;

• Race;

• Religious activity or belief;

• Sex;

• Sexual orientation;

• Parental status or status as a carer;

• Personal association (whether as a relative or otherwise) with a person who identified by reference to any of the above attributes;

• Irrelevant criminal conviction.

Discrimination on the basis of any of the protected attributes is unlawful and will not be tolerated by Sargeant Transport.

Direct and Indirect Discrimination

Unlawful discrimination may be direct or indirect.

Direct discrimination occurs when a person treats, or proposes to treat, someone less favourably than another person because of one of the protected attributes.  It is irrelevant whether or not the person is aware that their conduct is discriminatory or considers the treatment unfavourable.  So long as a protected attribute is a substantial reason for the discriminating treatment, it is irrelevant that the protected attribute is not the only, or even a dominant, reason for the treatment.

Indirect discrimination occurs when an unreasonable requirement, condition or practice is imposed, or proposed, and has or is likely to have the effect of disadvantaging people with a protected attribute.

When is discrimination unlawful?

• Discrimination is unlawful in certain areas of human activity, including discrimination in employment.

Discrimination in Employment

Sargeant Transport seeks to ensure that applicants for employment are selected on merit and afforded equal opportunity in relation to entry into employment.  In addition, Sargeant Transport seek to ensure that all staff have an equal chance for selection, secondment, promotion and training and development opportunities based solely on demonstrated skills, qualifications, abilities and performance without any form of discrimination.

In some instances, the Equal Opportunity Act 2010 (Vic) allows employers to limit employment offers to people with a particular characteristic and this is not unlawful discrimination.  Sargeant Transport reserves the right to act in accordance with any such lawful exemptions.

Reasonable Adjustments

Reasonable adjustments are changes that allow people with a disability to work safely and productively.

Sargeant Transport will make reasonable adjustments for a person with a disability who:

• Applies for a job, is offered employment or is an employee, and;

• Requires the adjustments in order to participate in the recruitment process or perform the genuine and reasonable requirements of the job.

Examples of reasonable adjustments can include:

• Reviewing and if necessary, adjusting the performance requirements of the job;

• Arranging flexibility in working hours;

• Providing telephone (TTY) phone access for employees with hearing or speech impairments;

• Purchasing screen reading software for employees with a vision impairment;

• Approving more regular breaks for people with chronic pain or fatigue, or;

• Buying desks with adjustable heights for people using a wheelchair.

When thinking about reasonable adjustment, Sargeant Transport will weigh up the need for change with the expense or effort involved in making it.  If making the adjustment means a very high cost or great disruption to the workplace, it is not likely to be reasonable.

In some cases, Sargeant Transport can discriminate on the basis of disability, if:

• The adjustments needed are not reasonable or the person with the disability could not perform the genuine and reasonable requirements of the job even if the adjustments were made.

What is unlawful harassment?

A person unlawfully harasses another person where a reasonable person would have anticipated that their behaviour would make the other person feel offended, humiliated or intimidated and their behaviour is directed towards the other person because the other person has, or is perceived to have, a protected attribute, refer to list on page four.  Harassment may be verbal, written or visual and may involve inappropriate actions, behaviour, comments or physical contact.  Whether or not the inappropriate behaviour was intended is irrelevant.

All forms of harassment are in breach of this Policy and will not be tolerated by Sargeant Transport.

What is sexual harassment?

Sexual Harassment relates to the protected attribute of Sex as listed in clause 5.1 and sexual harassment occurs when a person:

• Make an unwelcome sexual advance, or;

• Makes an unwelcome request for sexual favours to another person, or;

• Engages in any other unwelcome conduct of a sexual nature in relation to another person, and a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.

Sexual harassment can include offensive material or behaviour which creates a hostile work environment. Sexual harassment does not extend to mutual attraction or private, consenting friendships, whether sexual or otherwise.

A staff member can be sexually harassed by a supervisor, manager, co-worker, contractor, service provider, client, student or volunteer.  Sexual harassment is not just unlawful during working hours or in the workplace itself.  Sexual harassment is unlawful in any work-related context including conferences, work functions and business trips.

Some examples of sexual harassment include:

• Uninvited touching, patting or brushing against another person;

• Staring or leering at a person or at part of their body;

• Jokes, gestures, actions or comments of a sexual demeaning nature;

• Unwanted sexual propositions or advances;

• Displays of sexually graphic material including posters, pinups, cartoons and computer graphics;

• Email communications of a sexual nature;

• Voicemail or text messages of a sexual nature;

• Repeated invitations to go out after prior refusal;

• Sex based insults, taunts, teasing or name calling;

• Accessing pornographic websites while at work, or;

• Comments on social networking sites that are of a sexual nature.

Sargeant Transport will not tolerate sexual harassment in the workplace.

What is racial harassment?

Racial harassment relates to the protected attribute of Race as listed on page four.

Racial harassment is conduct which is engaged in because of a person’s race, colour, nationality or ethnic origin and which is reasonably likely to offend, humiliate or intimidate.  Some examples of racial harassment include:

• Threats, abuse, insults and taunts;

• Racial taunts or pranks;

• Comments about a person’s racial features;

• Insensitive jokes related to race;

• Derogatory remarks about a person’s skin colour or appearance;

• Unwelcome remarks about a person’s cultural observances;

• Offensive notices, photographs or statements on a staff notice board;

• Racist jokes sent via email via email or text of left on voicemail;

• Racially abusive comments or songs;

• Negative stereotyping or particular ethnic groups, or;

• Comments on social networking sites that are of a racist nature.

Sargeant Transport will not tolerate racial harassment in the workplace.

What is racial and religious vilification?

Sargeant Transport will not accept any forms of racial and religious vilification, as prohibited by the Racial and Religious Tolerance Act 2001 (Vic).  Racial and religious vilification is public behaviour that incites or encourages hatred, serious contempt, revulsion or serious ridicule against another person or group of people, because of their race or religion.

Sargeant Transport will not tolerate any forms of racial and religious vilification in the workplace.

What is bullying?

Definition and Examples

The Victorian OHS Act 2004 defines bullying as “repeated unreasonable behaviour directed towards a staff member or group of staff that creates a risk to health and safety”.  Risk to health and safety includes a risk to the mental or physical health of the staff member. Examples of repeated behaviour that may constitute bullying include:

• Verbal abuse;

• Excluding or isolating;

• Psychological harassment;

• Intimidation;

• Assigning meaningless tasks unrelated to the job;

• Giving staff members tasks unrelated to the job;

• Spreading gossip or malicious rumours;

• Deliberately changing work rosters to inconvenience particular staff members, or;

• Deliberately withholding information vital for work performance.

Bullying is not an acceptable part of Sargeant Transports work culture and is a significant occupational health and safety concern.  Bullying behaviour may cause a staff member to lose their self-confidence and perform their work in a manner that impedes them from meeting performance objectives.  If bullying occurs in the workplace or a working environment it can cause harm to a person’s health and well-being, both physical and psychological.

Sargeant Transport will not tolerate bullying in the workplace.

What is not bullying

Managers have the right to direct and control how work is done.  The legitimate and reasonable exercise of managerial direction does not constitute bullying.  For example, bullying is not:

• A legitimate and reasonable performance management process;

• Legitimate comments or advice on standards of work;

• Disciplinary action in accordance with Sargeant Transport’s Disciplinary Policy, or;

• Allocation of work that complies with approved systems and processes.

In addition, the implementation of Sargeant Transport’s processes or practices such as restricting, and the implementation of new business processes or organisational change, do not constitute bullying.

What is occupational violence?

Occupational violence is any incident where a person is physically attacked or threatened in the workplace.  Occupational violence can be perpetrated by a co-worker (including a manager), a customer or client, a person known to the organisation or staff member, or a stranger (intruder).

The term applies to all forms of physical attacks or threats on a staff member including, but not limited to:

• Striking, kicking, biting, spitting or any other type of direct physical contact;

• Throwing objects;

• Attacking with knives, guns, clubs or any other type of weapon;

• Pushing, shoving, punching, tripping, grabbing;

• Any form of indecent physical contact, or;

• Verbal threats of violence against another person.

Any instances of occupational violence must be reported immediately and will not be tolerated.

Any report of occupational violence will be treated as serious and will be dealt with under our Disciplinary Policy and/ or through relevant authorities.

No victimisation

Victimisation occurs when a person is treated in a detrimental way because they made, or intended to make, a complaint or participated in the investigation or resolution of a complaint.  Victimisation must not occur and will not be tolerated by Sargeant Transport.

No staff member will be penalised or disadvantaged in their employment conditions or opportunities as a result of raising legitimate (i.e. not vexatious) concerns or complaints of unlawful discrimination, harassment, bullying or occupational violence.

Parental or carer flexible work arrangements

Sargeant Transport will give serious consideration to a staff member’s request for flexible work arrangements due to his or her parental or carer responsibilities.  Sargeant Transport’s policy on, and approach to, staff requests for flexible work arrangements, is set out below:

• Any request for flexible work arrangements should be made to the staff member’s Direct Manager in writing and outlining the details of the change sought and the reasons for the change.

• A staff member is only entitled to make a request for flexible working arrangements if they have completed at least 12 months of continuous service immediately before making the request and they are not a casual employee.

• Upon receipt of the request, the Direct Manager will meet with the staff member to discuss the request.

• The Direct Manager will give serious consideration to the request and any information relevant to the request.

• The Direct Manager will consider all the relevant circumstances. Depending on the situation involved, relevant circumstances may include (but are not limited to):

  • The nature of the staff member’s work;

  • The nature of the staff member’s parental or carer responsibilities;

  • The consequences for Sargeant Transport of implementing the flexible work arrangement;

  • The nature and cost of implementing the flexible work arrangement;

  • The effect of the flexible work arrangement on the workplace;

  • The impact of the arrangement on other staff members’ work;

  • The financial impact of any arrangement on Sargeant Transport, and/or;

  • Any limitations to the request such as occupational health and safety

The above considerations are examples only.  It is possible that other or additional considerations may be relevant in relation to a request made.

• The manager may consult with staff members likely to be affected by the proposed change.

• The Direct Manager will discuss and make a decision in relation to the request together with Senior Management.

• The Direct Manager will notify the staff member of the outcome of the staff member’s request in writing within 21 days of the request being made.  If Sargeant Transport cannot agree to the request, the reasons for this will be set out in the written response.

• A request may be agreed to for a trial period during which the arrangement will be assessed and reviewed.

• Where the request is agreed to, the written notification will include information such as whether the arrangement is subject to a trial period, the duration of the new arrangement and dates and process for review of the arrangement.

• In the event that Sargeant Transport cannot agree to the request, the staff member’s Direct Manager will also meet with the staff member to explain the reasons for the decision.

• Sargeant Transport respects staff privacy and will only ask for information necessary to make a decision in relation to the request.

• Sargeant Transport will keep a record of discussions in relation to the request along with any other materials that form the basis of the decision.

• All information obtained during the process of making, considering, responding to, implementing and reviewing a request will be received, handled and stored in accordance with applicable privacy laws.

Impairment

Sargeant Transport will make reasonable adjustments for persons offered employment or staff members with an impairment.  Examples of ‘reasonable adjustments’ include:

• Ramp access to the workplace or particular software packages for computer;

• Modifying work instructions;

• Allowing the person to be absent during work hours for rehabilitation, assessment or treatment, or;

• Allowing the person to take breaks more frequently.

Procedure to make a complaint

Employees must report any behaviour that constitutes sexual harassment, bullying or discrimination to their manager.  Employees will not be victimised or treated unfairly for raising an issue or making a complaint.

If you believe you are being, or have been, discriminated against, sexually harassed or bullied, you should:

• Tell the offender the behaviour is offensive, unwelcome, against business policy and should stop. Only do this if you feel comfortable enough to approach them directly, otherwise speak to your manager.  Keep a written record of the incident(s);

• If the unwelcome behaviour continues, contact your supervisor or manager for support;

• If this is inappropriate, you feel uncomfortable or the behaviour persists, contact another relevant senior manager, or;

• Employees may also lodge a complaint with Human Resources, the Victorian Equal Opportunity and Human Rights Commission, the Australian Human Rights Commission or take action under the Fair Work Act 2009 or the Victorian Occupational Health & Safety Act 2004.

Employees should feel confident that any complaint they make will be treated as confidential as far as possible.

Sargeant Transport will make an assessment as to whether the complaint constitutes unlawful discrimination, harassment, bullying, occupational violence and/ or victimisation and whether an informal or formal complaint procedure is appropriate.  This process may include engaging an independent investigator to conduct a preliminary assessment.

The parties will be updated on a regular basis on the process of the complaint and the actions being taken. Any party to a complaint may also seek further updates as requested.

Procedure for managers to receive a complaint

When a manager receives a complaint or becomes aware of an incident that may contravene Sargeant Transport policies, they should follow this process within 24 hours:

• Do not assume guilt;

• Advise on the potential outcomes of the investigations in the allegations are substantiated;

• Interview all directly concerned, separately;

• Interview witnesses, separately;

• Keep records of interviews and the investigation;

• Interview the alleged harasser, separately and confidentially and let the alleged harasser know exactly of what they are being accused. Give them a chance to respond to the accusation. Make it clear they do not have to answer any questions, however, the manager will still make a decision regardless;

• Listen carefully and record details;

• Ensure confidentiality, minimise disclosure;

• Decide on appropriate action based on investigation and evidence collected;

• Check to ensure the action meets the needs of the complainant and Sargeant Transport;

• If resolution is not immediately possible, refer the complainant to more senior management or to Human Resources and:

• Discuss any outcomes affecting the complainant with them to make sure where appropriate you meet their needs.

Possible Outcomes

If after investigation management finds the complaint is justified, management will discuss with the complainant the appropriate outcomes which may include:

• Disciplinary action to be taken against the perpetrator such as counselling, warning or dismissal;

• Staff training;

• Additional training for the perpetrator or all staff, as appropriate;

• Counselling for the complainant, and/or;

• An apology, the particulars of which would be agreed between all involved.

The outcome of the complaint will be communicated verbally to the parties and followed up with a written reply via email or letter.

Failure to comply with policy

Any breaches of this policy may lead to disciplinary action in accordance with the Sargeant Transports Disciplinary Policy.

References

• Counselling and Disciplinary Policy.

• Sargeant Transport Drivers Manual No. 6.

• Charter of Human Rights and Responsibilities Act (Vic) 2006.

• Information Privacy Act 2000.

• Disability Discrimination Act 1992.

• Human Rights and Equal Opportunity Commission Act 1986.

• Sex Discrimination Act 1984.

• Racial Discrimination Act 1975.

• Age Discrimination Act 2004.

• Fair Work Act 2009.

State

• Equal Opportunity Act 2010.

• Occupational Health & Safety Act 2004.

• Racial & Religious Tolerance Act 2001.

Review of policy

This policy may be reviewed at any time and should be reviewed every two years.