To document the Workplace Harassment policy of FMEDGE and to set out arrangements for communication and review of the policy.
Harassment is any unwanted, unwelcome or any uninvited behaviour of a nature that makes the person feel humiliated, intimidated or offended. Harassment is unlawful under Commonwealth and State law if it is:
These types of harassment are explained in Point 4 (below).
Bullying is repeated inappropriate behaviour may include one or a combination of the following:
Where bullying involves assault or threat of assault it may become a police matter.
Bullying does not occur where the employer is using their legitimate authority to direct and control how work is done, including monitoring workflow and giving feedback on performance. If an employee has obvious performance problems, these should be identified and dealt with in a constructive way that does not involve personal insults or derogatory remarks. If an employee is dissatisfied with any management practices these concerns should be raised in a professional and courteous manner.
FMEDGE – Focused Management Education Developing Global Enterprise
Each employee/ student has a right to work in a place that is free from harassment and discrimination. As well as being unlawful, harassment and discrimination adversely affect the wellbeing of individuals and the work environment. As such, harassment and discrimination will not be tolerated in any way.
FMEDGE recognises that harassment is unacceptable to employees as well as to the organisation. Therefore, harassment will not be tolerated at FMEDGE workplace, or whilst employed by the organisation but working off site. All persons responsible for any harassment will be disciplined.
This policy will accomplish the following objectives:
Harassment can range from relatively minor incidents to serious offences involving criminal charges being laid. FMEDGE is also liable for actions of employees in certain situations.
Employees may be sued personally for harassment. The individual, not the organisation, will have to pay any costs and/or penalties that arise from such a claim.
Unwelcome and uninvited behaviour of a sexual nature that offends, humiliates and/or intimidates another person, this may include:
Language and/or behaviour that is negative about the colour or racial, ethnic or cultural backgrounds of people (or groups of people) is unacceptable. This may include:
Language and/or behaviour based that is negative on the disability of a person or a group of persons. This may include:
Other forms of Harassment
Some other examples of behaviour that may include harassment include the following. Jokes, derogatory, comments or verbal abuse about a person’s gender, age, sexual preference, political/religious beliefs, pregnancy, status as a carer, marital status, personal association or industrial activity (union or non-union membership, name calling, physical threats or other types of workplace bullying and workplace pranks).
It is important recognise that behaviour or comments that may not offend one person may be unwelcome or offensive to another. A minor offensive behaviour done repeatedly can become harassment. Harassment can be done by anyone – a manager, co-worker, contractor, service provider, client, student or customer.
All employees have to recognise the cultural difference among employees at FMEDGE. What may be acceptable to one cultural group may be totally unacceptable to another cultural group.
What Sexual Harassment is not
Sexual harassment is not behaviour that is based on mutual attraction, friendship and respect. If the interaction is consensual, welcome and reciprocated it is not sexual harassment.
Every individual employed by FMEDGE is entitled to work and enjoy company functions, such as social gatherings and training programs, in an environment free from harassment. It is the organisation’s responsibility to ensure that:
Each employee must ensure that they do not engage in harassing behaviour towards other colleagues, subordinates, s, departmental and senior managers, contractors and other external contacts. Employees should be aware that they can be held legally responsible for their unlawful acts. Employees who aid, abet or encourage other persons to harass can also be held legally liable.
Manager’s and Trainers role
Manager’s and trainers have an important role in the prevention of workplace harassment. Firstly, managers and trainers must ensure that they do not harass employees, students, other managers, clients or customers. Secondly, managers and trainers must ensure that their staff understands this policy. When they observe discrimination or harassment, they should take steps to stop it and warn the person of the consequences if the behaviour continues. If a person approaches them with a complaint about harassment, they should take appropriate steps to resolve it. If this is not possible or inappropriate, then the Compliance Manager should be informed.
Harassment Complaint Procedure
An employee who has a complaint of harassment is encouraged to follow FMEDGE’s Harassment Complaint Procedure. This procedure allows the employee to speak informally and/or make a formal complaint. The procedure deals with complaints on a fair and impartial basis and with strict confidentiality standards.
Act immediately – Do not delay in taking action.
You may wish to tell the person harassing you of your complaint (e.g. the type of behaviour you find offensive) and that you want it to stop. The person might not realise that his/her behaviour offends you and will stop it. However if you do not feel comfortable speaking to the person, talk to your Manager about the problem. If you do speak to the person and the harassment continues report it to your Manager.
If the problem is too sensitive or embarrassing, you can speak to the Compliance Manager.
In all cases the emphasis will be on finding practical solutions on the re-establishment of good working relationships within FMEDGE.
FMEP005 Complaints and Appeals Procedure Policy
1 April 2015