[Organisation name]: workplace bullying and harassment policy
1. Our commitment
[Organisation name] does not accept bullying, sexual harassment, harassment on the ground of sex or any other attribute, or victimisation. Everyone should be safe at work and able to raise a concern without fear. We act to prevent this behaviour, not only to respond to it.
2. Who and where this applies
This policy applies to employees, contractors, labour hire workers, volunteers and students on placement, and to how they treat each other, customers, clients and visitors. It covers anywhere work happens or is connected to work: the workplace, client sites, travel, work events, and messages, calls, social media and online meetings, including outside working hours.
3. What is not acceptable
- Bullying: an individual or group repeatedly behaving unreasonably towards a worker, or a group of workers, in a way that creates a risk to health and safety. Examples include belittling or humiliating comments, spreading rumours, deliberately excluding someone, setting impossible tasks, or yelling and intimidation.
- Sexual harassment: an unwelcome sexual advance, an unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature, where a reasonable person would have anticipated the possibility that the person would be offended, humiliated or intimidated. It can be a single incident, and it includes comments, jokes, messages, images and unwanted touching.
- Harassment on the ground of sex, and a workplace environment that is hostile on the ground of sex: for example demeaning jokes or displays about women or men.
- Harassment because of race, disability, age, sexual orientation, gender identity, religion or another protected attribute.
- Victimisation: treating someone badly because they made a complaint, supported someone else’s complaint or gave information in an investigation.
Reasonable management action carried out in a reasonable manner is not bullying: for example setting reasonable goals and deadlines, giving fair feedback on work, managing performance or conduct through a fair process, or allocating work and rosters for business reasons.
4. Prevention
Bullying and harassment are risks to psychological health. Under the Work Health and Safety Act 2011 (NSW), and the psychosocial risk rules in the Work Health and Safety Regulation 2017 (NSW), we identify these risks and eliminate or minimise them so far as is reasonably practicable. We also have a positive duty under section 47C of the Sex Discrimination Act 1984 to take reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment, hostile workplace environments and related victimisation, as far as possible.
- Leaders model respectful behaviour and act on concerns promptly.
- Everyone receives training on this policy when they start and at regular intervals.
- We consult workers about the risks, look at how work is designed (workload, isolation, customer aggression, power imbalances), and review controls after any report.
- We monitor reports, outcomes and feedback, without identifying individuals, to see whether the controls are working.
5. Raising a concern
You can raise a concern with your manager, with [name and role of the person who receives complaints]. You can raise it in person, by phone or in writing. You can bring a support person to any meeting about your concern. Witnesses and bystanders are encouraged to report what they see.
6. How we respond
- We acknowledge the report promptly and check your immediate safety and wellbeing. Where needed we put interim measures in place, such as changed rosters or reporting lines, without disadvantaging the person who raised the concern.
- We talk with you about the options: early resolution (such as a facilitated conversation or a direction to stop), a formal investigation, or both. Some matters, such as serious or repeated sexual harassment, may be investigated even if you prefer otherwise, because of our safety duty.
- A formal investigation is done by someone impartial. Everyone involved is told the substance of the allegations that concern them and has a fair chance to respond, with a support person.
- We aim to finish within 20 working days and will tell you if it will take longer.
- We tell the people involved the outcome and what will happen next, to the extent privacy allows, and check in afterwards.
Information is shared only with people who need it to deal with the matter or to keep people safe. Records are kept securely. Making a report that you know to be false is misconduct; a report made in good faith that is not substantiated is not.
7. Support
[Employee assistance program details, e.g. free confidential counselling on 1300 000 000]. Support is available whether or not you make a formal complaint.
8. Outside help
- The Fair Work Commission can make orders to stop bullying (for workers in businesses the law covers, which includes companies), and can deal with sexual harassment disputes (generally within 24 months of the conduct), including orders to stop sexual harassment.
- The Australian Human Rights Commission, and your state or territory anti-discrimination or human rights body, take complaints about sexual harassment and discrimination.
- The work health and safety regulator in your state or territory can be contacted about risks to health and safety.
- Police, if you have experienced a physical or sexual assault, stalking or threats.
9. Consequences
Anyone who bullies, harasses or victimises another person will face disciplinary action after a fair process. Depending on the seriousness this can range from a warning or training to dismissal. Managers who ignore reports also breach this policy. Contractors and visitors may be removed from our workplace.
10. Review
This policy takes effect on [date] and will be reviewed every 12 months, after consulting workers. It does not form part of any employment contract.