Introduction
The Wandering Man will fiercely defend the right of every staff member to perform their work without being subjected to sexual harassment. Every staff member is responsible for providing an environment that is supportive of this aim. Everyone must treat everyone else with respect and must aim to act as a beacon for good behaviour in the workplace.
It is the obligation and responsibility of every board member, staff member and volunteer to ensure that the workplace is free from sexual harassment and victimisation. Everyone working at he Wandering Man is responsible for the care and protection of our people and for reporting information about suspected sexual harassment.
The Wandering Man is fully committed to its obligation to prevent and eliminate sexual harassment in the workplace.
Purpose
The purpose of this policy is to outline The Wandering Man’s position on sexual harassment and to document the process which is to be followed should any grievances arise. This policy should be read in conjunction with the Sexual Harassment Procedure.
APPLICATION OF POLICY
This policy applies to all staff in the workplace. This policy also applies to the behavior of third parties towards staff.
Staff includes employees, contractors, volunteers, agency on-hire staff, persons seeking employment and students.
‘Workplace’ includes:
- The Wandering Man, Meetingpremises, during or outside business hours;
- Any other place where work is performed by The Wandering Man team;
- Any other physical or virtual place where work-related activities (including retreats, conferences, The Wandering Man organised social activities) take place;
- Transport used for business purposes; and
- Any other physical or virtual place where the conduct has caused (or is likely to cause) serious damage to the relationship between the relevant staff member and The Wandering Man or damages The Wandering Man interests or where the conduct is otherwise incompatible with the duty of a staff member. For example this may include sexual harassment outside work.
Definitions
Sexual harassment means any unwelcome sexual advance or unwelcome request for sexual favours, to the other person, or any other unwelcome conduct of a sexual nature in relation to the other person which makes a person feel offended, humiliated or intimidated, and where that reaction is reasonable in the circumstances. Examples of sexual harassment include, but are not limited to,
- staring or leering
- unnecessary familiarity, such as deliberately brushing up against you or unwelcome touching
- sexually suggestive comments or jokes
- insults or taunts of a sexual nature
- intrusive questions or statements about your sex life
- displaying posters, magazines or screen savers of a sexual nature
- sending sexually explicit emails or text messages
- inappropriate advances on social networking sites
- accessing sexually explicit internet sites
- requests for sex or repeated unwanted requests to go out on dates
- 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
Behaviour that is based on mutual attraction, friendship and respect is not sexual harassment.
Sexual harassment can occur even if there is no intention to sexually harass.
A person can be subject to sexual harassment even if the behavior is not directed at them because they work in a hostile work environment where a reasonable person, having regard to all the circumstances, would have anticipated the possibility of the conduct being offensive, intimidating or humiliating to a person of the sex of the person impacted by the conduct.
If someone does not object to inappropriate behaviour in the workplace at the time, it does not mean that they are consenting to the behaviour.
A single incident is enough to constitute sexual harassment, it does not need to be repeated.
Victimisation means treating or threatening to treat someone badly because
• they have made a complaint of sexual harassment
• it is believed they might make a complaint of sexual harassment
• they have assisted someone else make a complaint of sexual harassment
• they refused to do some act because it would amount to sexual harassment or victimisation.
Victimisation is unlawful under the anti-discrimination legislation and may also be unlawful discriminatory conduct under the workplace health and safety legislation. It may also be Adverse Action under the Fair Work Act.
Policy
The Wandering Man will not tolerate sexual harassment or victimisation under any circumstances. Responsibility lies with every Manager, Supervisor and staff member to ensure that sexual harassment and victimisation does not occur.
Both federal and state and territory Equal Opportunity and Anti-discrimination legislation provide that sexual harassment is unlawful and establish minimum standards of behaviour for all employees.
All staff are expected to behave in a safe, respectful and inclusive manner in the workplace. No staff at any level should subject any other employee, volunteer, customer, visitor or any third-party to any form of sexual harassment or victimisation.
A breach of this policy may result in disciplinary action, up to and including termination of employment.
The Wandering Man strongly encourages any staff member who feels they have been sexually harassed, victimised, or believes they have observed such behaviour, to take immediate action. If a staff member feels comfortable in doing so, they can raise the issue with the person directly with a view to resolving the issue by discussion. The staff member should identify the harassing or victimizing behaviour, explain that the behaviour is unwelcome and offensive and ask that the behaviour stops.
However, given the seriousness of sexual harassment and victimisation, we recommend that this discussion happens in consultation with the relevant manager, Human Resource Department or CEO.
Alternatively, or in addition, they may report the behaviour in accordance with the sexual harassment and victimisation procedure. Once a report is made the organisation will determine how the report should be dealt with in accordance with its obligations and this policy.
Any reports of sexual harassment or victimisation will be treated seriously and promptly with sensitivity. Such reports will be treated as confidential to the extent reasonably practicable.
Complainants have the right to have a support person.
The respondent also has the right to have a support person during any investigation, as well as the right to respond fully to any formal allegations made.
Consequences of breach of this policy
Any breach of this policy will be taken seriously and may lead to disciplinary action, up to and including termination of employment (for employees) or the cessation of the contract or engagement.
Disciplinary action may include (but is not limited to):
- Counselling
- Requiring a formal apology
- Conciliation/mediation conducted by an impartial third party
- Training on expected standards of behaviour
- Verbal or written warning
- Changed working arrangements
- Termination of employment, with or without notice (for employees)
- Cessation of the contract or engagement
Managers or Supervisors who fail to take appropriate corrective action when aware of sexual harassment or victimisation of a person will be subject to disciplinary action.