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Harrassment and Bullying Policy <Insert Entity Name> (“the Company”) will not tolerate any form of sexual or other harassment and bullying. The Company seeks to ensure that the working environment is sympathetic to all employees. The following policy describes the type of behaviour that is unacceptable and provides employees who are the victims of sexual or other harassment, or bullying with a means of redress. Implementation of the policy is the duty of all managers and supervisors. All employees are required to comply. Definitions: Bullying is the repeated behaviour which may be considered by a reasonable person, in the context of the situation as being unreasonable, inappropriate and creates a risk to health and safety. It includes behaviour that the victim considers to be intimidating, offensive, degrading or humiliating. Reasonable management action carried out in a reasonable manner is not considered as bullying. Examples of behaviour that may be considered as bullying if they are repeated, unreasonable or create health and safety include: verbal abuse, intimidation and threats, interfering with someone’s personal property or work equipment, or setting unreasonable deadline or workload. Examples of reasonable management action include but not limited to: providing constructive feedback on work behaviour and performance, changing work hours based on operational requirement following discussions with workers, or taking disciplinary actions. Harassment is where a person is subjected to behaviour, other than sexual harassment, that: is repeated, unwelcome and unsolicited, the person considers to be offensive, intimidating, humiliating or threatening, a reasonable person would consider to be offensive, humiliating, intimidating or threatening. Workplace harassment can be committed by an employer, worker, co-worker, group of co-workers, client or customer or a member of the public. Workplace harrassment is not a single incident of harassing type behaviour or reasonable management action taken in a reasonable way. Sexual harassment is unwanted behaviour of a sexual nature by one employee towards another. Examples of harassment include: - insensitive jokes and pranks, lewd comments about appearance, unnecessary body contact, displays of sexually offensive material, for example, pin-ups, requests for sexual favours, speculation about a person's private life and sexual activities, threatened or actual sexual violence, and/or, threat of dismissal, loss of promotion and so on, for refusal of sexual favours. Sexual harassment takes many forms, from relatively mild sexual banter to actual physical violence. Employees may not always realise that their behaviour constitutes sexual harassment, but they must recognise that what is acceptable to one person may not be acceptable to another. Sexual harrsment can include one single incident. Policy: The examples above are not exhaustive. Some forms of harassment, such as the threat of dismissal for refusal of sexual favours, are obvious examples of gross misconduct, punishable by summary dismissal, but other items may not constitute gross misconduct depending on the circumstances of the case in question. The company prohibits the display of sexually offensive material, such as pin-ups and posters, and will if necessary, ensure that workplaces are inspected and offending material removed. All new employees will be informed of the company's policy towards bullying, sexual and other harassment at induction training, when it will be stressed that all complaints of bullying, sexual and racial harassment will be treated very seriously. The company requires all managers and supervisors to ensure that this policy and procedure is complied with at all times. Complaints: The company recognises the sensitive nature of complaints of harassment and bullying. All complaints or report of bullying or harrassment will be treated with utmost confidence. Employees who feel like you are being bullied or harrassed or see others being bullied or harrassed at work is encouraged to intially report it to your supervisor, or if this is not possible, talk to <insert appropriate person>. Employees are encouraged to intially address the issue with the perpetrator and make it clear to the perpetrator that the behaviour is unacceptable and must stop. If an employee is unable to do this, or if the behaviour persist the employee is advised to bring a formal complaint and should seek assistance, as above, in doing so. The complaint should be made in writing, and where possible, state: - the name of the harasser/perpetrator the nature of the harassment/bullying dates and times when harassment/bullying occurred names of witnesses to any incidents of harassment/bullying any action already taken by the complainant to stop the harassment/bullying. The complaint should be sent, in confidence, to <insert appropriate person>. Investigation procedure: Once a formal complaint is made, the person handling the complaint will carry out a thorough investigation as quickly as possible, maintaining confidentiality at all times. All employees involved in the investigation are expected to respect the need for confidentiality. Failure to do so will be considered a disciplinary offence. During any meetings investigating these types of compliants, the complainant may, if he or she wishes, be supported throughout the procedure and hearing by a supoprt person. Alternatively, where a recognised union supports an employee, a full-time official of that union may represent him or her. The employee accused of harassment or bullying will also have the right to be accompanied by a support person at the hearing. Where the manager concludes that harassment or bullying has taken place, he or she will ensure that the perpetrator is afforded the opportunity opportunity to defend or explain his or her actions. Management reserve the right to commence investigaton even before it receives a formal complaint if it has grounds to believe that there is serious threat to health and safety. Disciplinary action The severity of the penalty imposed upon an employee guilty of harassment or bullying could range from summary dismissal, verbal or formal warnings, or commencing an performance management process with relevant employees. The company also reserves the right to contact police in instances of a criminal offence. An employee who brings a complaint of bullying, sexual or other harassment will not suffer victimisation for having brought the complaint. However if the complaint is found to be untrue and was made in bad faith (for example, out of spite), disciplinary action may be taken.