CDNI Care Pty Ltd is committed, with the support of its people to provide a safe and enjoyable workplace free from discrimination, harassment and bullying.
CDNI Care Pty Ltd expects that all employees/workers treat each other with dignity and respect, as outlined in CDNI Care Pty Ltd’s Code of Conduct and consistent with our core values of Trust, Respect and Integrity. CDNI Care Pty Ltd is also proud to be an equal opportunity employer. This means that every job applicant and staff member is treated fairly.
This ‘Workplace Behaviour Policy’ informs all employees/workers of what constitutes discrimination, harassment, bullying and victimisation in Australia, as well as identifying responsibilities in preventing and managing such incidents.
CDNI Care Pty Ltd encourages all employees/workers who experience discrimination, bullying or harassment to voice their concerns. All concerns raised will be treated seriously, confidentially and in a timely manner.
At CDNI Care Pty Ltd, instances of discrimination, harassment, bullying, and victimisation will not be tolerated, condoned or ignored.
CDNI Care Pty Ltd commits to take all reasonable measures to identify and prevent discrimination, harassment and bullying in the workplace as well as reduce the risk of this occurring. This involves implementing this policy, supported by grievance procedures and requiring compliance by all employees/workers.
This ‘Workplace Behaviour Policy’ applies to all CDNI Care Pty Ltd employees/workers and their relationships with each other. Further, this policy applies in the workplace, which may include the natural work environment, and also work-related events, seminars, conferences, work functions, participants’ interactions, Christmas parties, and business trips and the like.
Discrimination
Discrimination is treating a person unfairly or less favourably because of irrelevant personal characteristics or attributes). In Australia, it is unlawful to discriminate against a person based on a particular personal characteristic. This is referred to as direct discrimination.
Attributes generally include:
- Race, nationality, religion or political activity
- Gender
- Marital status
- Age
- Carer or family responsibilities
- Physical features, disability or impairment
- Pregnancy, breastfeeding or parental status
- Sexual preference
Discrimination can also include setting a requirement that a group or class of people with a particular characteristic cannot meet, and which is not reasonable in the circumstances. This is referred to as indirect discrimination.
Equal Employment Opportunity (EEO)
CDNI Care Pty Ltd is committed to maintaining a workplace that promotes equal opportunity for all job applicants and employees/workers. All employment decisions (including recruitment, promotions, training, remuneration, leave, etc.) will be based on merit without reference to irrelevant characteristics such as the discriminatory attributes listed above, and with fairness and consistency.
To achieve this, CDNI Care Pty Ltd upholds the principle of Equal Employment Opportunity which ensures that all staff and potential staff members are treated equitably and fairly, regardless of factors including but not limited to their sex, nationality, religion, physical or intellectual disability, age and sexual preference.
We will ensure that our management and policies and practices give everyone an equal chance when applying for jobs, promotion, training opportunities and in accessing all other benefits of employment. The merit principle underlies all our human resource activities, which is, choosing the best person for the job following an objective assessment of the skills, qualifications and work experience relevant to the job requirements and ability to develop within our organisational culture.
Any genuine commitment to detecting and preventing illegal and other undesirable conduct must include a mechanism whereby employees/workers and others can report their concerns freely and without fear of reprisal or intimidation.
Equal Employment Opportunity benefits all staff members by identifying and removing direct and indirect discriminatory practices and barriers which particular people have faced in seeking employment or advancement in organisations. CDNI Care Pty Ltd benefits because we will have a wider choice of applicants and a much better chance of employing the best person for the job. All our staff members will have access to training and development, and we will have a more qualified workforce which is representative of the customers we serve.
Harassment
Harassment is unwanted behaviour that offends, humiliates or intimidates a person, and targets them on the basis of personal characteristics (such as gender or race). Harassment can be an isolated incident or repeated behaviour.
For harassment to occur there does not have to be an intention to offend or harass. It is the impact of the behaviour on the person who is receiving it, together with the nature of the behaviour, which determines whether it is harassment.
There are many types of verbal, non-verbal and physical behaviour that could amount to harassment. Examples include, but are not limited to:
- Physical, verbal or emotional threats.
- Derogatory jokes, insults, slurs or taunts.
- Comments about a person’s personal life or physical appearance.
- Unnecessary physical intimacy, e.g. brushing up against a person.
- Isolating an individual or group
- Offensive telephone calls, messages or emails.
- Bullying
Bullying is repeated, unreasonable or inappropriate behaviour directed towards an employee/worker or group of employees/workers that creates a risk to health and safety. Unreasonable behaviour is defined as any behaviour that a reasonable person, having regard to all the circumstances, would feel victimised, humiliated, undermined or threatened.
Examples of bullying include, but are not limited to:
- Verbal, or physical threats or abuse
- The exclusion or isolation of an individual or group
- Behaviour or language that humiliates intimidates, belittles or degrades
- The withholding of information necessary for effective work performance
- Teasing or making someone the brunt of practical jokes
Bullying does not include:
- Reasonable action was taken in a reasonable manner by the company to transfer, demote, discipline, counsel, retrench or dismiss an employee/worker
- A decision by the company, based on reasonable grounds, not to award or provide a promotion, transfer, or benefit in connection with an employee/worker’s employment
- Reasonable administrative action was taken in a reasonable manner by the company in connection with an employee/worker’s employment
- Reasonable action was taken in a reasonable manner consistent with the company’s legal obligations which affect an employee/worker.
- Bullying is a breach of the duties of care owed by both employer and employees/workers. Persons held accountable for such behaviour may face prosecution under the Occupational Health and Safety legislation.
Victimisation
Victimisation involves treating someone unfairly because they have made, or intend to make, a discrimination, harassment or bullying complaint. This also includes those who have supported another person in making a complaint.
Procedures If Discrimination, Harassment, Bullying or Victimisation Occurs
Discrimination, harassment, bullying or victimisation concerns or complaints should be addressed as early as possible, preferably informally through direct communication, advice and conciliation. If employees/workers have concerned that discrimination, harassment, bullying or victimisation is occurring in the workplace, then the following steps should be taken:
Discuss directly with the person causing the concern
At times people may not be aware of the impact that their behaviour has on others. If the individual feels comfortable, they may discuss their concerns directly with the offender by informing them that their behaviour is offensive and must cease.
Report concerns to your appropriate manager
If the behaviour continues, or if the individual is uncomfortable in making a direct approach, seek assistance from their direct manager. Depending on the circumstances, it may be appropriate to consult with a member of the People Team instead of the direct manager. The manager or People Team representative will promptly take further action by providing advice, mediation/conciliation or commencing an investigation. The nature of mediation or conciliation will depend on the circumstances; however, it generally involves two parties meeting with an impartial facilitator (typically a People Team member) who assists them to reach an outcome to which they can both agree on and which will resolve the issue.
Formal Complaint
If the matter remains unresolved, or is of a serious nature, a formal complaint can be made using the guidelines outlined in the ‘Feedback and Complaints Management Policy & Procedure’.
