Equal Employment Opportunity Policy

Purpose

Australis Scientific’s Equal Employment Opportunity Policy strives to foster a cohesive work environment, acknowledging the entitlement of all individuals engaging with the organisation to be treated with dignity and respect. The objective of this policy is to inform Australis Scientific employees about the definitions of harassment, discrimination, victimisation, and vilification, as well as their obligations in preventing and addressing such occurrences.

Scope

This policy, along with its associated procedures, applies to all employees, contractors, volunteers, and representatives affiliated with Concern under its management and oversight.

External related standards / legislation

Australian Human Rights Commission Act 1986
Age Discrimination Act 2004
Disability Discrimination Act 1992
Racial Discrimination Act 1975
Sex Discrimination Act 1984
Equal Opportunity Act 2010/Amendment Act 2011
Human Rights and Responsibilities Act 2006
Work Health and Safety Act 2011
Workplace Gender Equality Act 2012
Fair Work Act 2009

Definitions

Equal Employment Opportunity consists of ensuring that all employees are given equal access to training, promotion, appointment, or any other employment related issue without regard to any factor not related to their competency and ability to perform their duties. The law prohibits discrimination based on a multitude of factors, encompassing both tangible and perceived attributes, such as:

Potential pregnancy.
Marital/domestic status.
Race, colour, national extraction, social origin, descent, and ethnic, ethno-religious or national origin.
Family responsibilities, family status, status as a parent or carer.
Racial classification.
HIV/AIDS vilification.
Religious belief or activity.
Political belief or activity.
Industrial activity.
Employer association activity.
Trade union activity.
Physical features.
Profession, trade, occupation or calling.
Medical record; and
Criminal record.

Discrimination

Direct discrimination

Consists of treating an individual with a particular attribute less favourably than an individual without that attribute or with a different attribute under similar circumstances. It can also involve seeking to impose a condition or requirement on a person with an attribute who does not or cannot comply, while people without that attribute do or can comply.

Indirect discrimination

Indirect discrimination occurs when there is a policy or rule that applies to all employees but can affect some people more than others.

Bullying

Acts of repeated unprovoked unreasonable behavior, whether physical or verbal, resulting in a person feeling unsafe, humiliated, or intimidated.

What is NOT bullying

It is important to understand the difference between bullying and providing direct work instructions.

All employers and managers have a right to direct and control how work is completed. Management holds the right and responsibility to provide feedback to an employee, either positive or negative, on how they believe the employee performed.

Reasonable management actions carried out in a fair way are not bullying. For example:

Establishing performance goals, standards, and deadlines.
Employee promotion decisions.
Evaluation and response to monetary raise requests.
Conducting performance management processes.
Communication of unacceptable conduct to employees.
Execution of organisation changes.
Assigning work to employees.
Rostering and allocating work hours.
Providing constructive feedback.
Managing downsizing initiatives.

Victimisation

Happens where an employee is treated harshly or subjected to any detriment because they have made a complaint of discrimination or harassment. Victimisation will also happen if a person is subjected to a detriment because they have furnished any information or evidence in connection with a discrimination complaint.

Harassment

Harassment is a form of behaviour characterised by a repeated pattern or sustained conduct undertaken by an individual to intimidate, distress, or create a hostile environment for another person. It involves actions that go beyond mere irritation or annoyance and are genuinely oppressive and vexatious in nature.

Policy

Australis Scientific is an equal opportunity employer and will provide equality in employment for all people employed or seeking employment.

Every person will be given a fair and equitable chance to compete for appointment, promotion, or transfer, and to pursue their career as effectively as others.

In all cases no factors other than performance and competence are to be used as the basis for performance assessment, training and development opportunities and promotions.

This document will be used with the Discrimination and Harassment policies.

Responsibilities

Australis Scientific responsibility

Australis Scientific has a responsibility to ensure appropriate steps are taken to ensure none of its staff are exposed to any form of discrimination, harassment or bullying while performing their roles for the company.

Australis Scientific will establish this policy and educate all employees about inappropriate behaviour, enacting protocols for addressing grievances and ensuring compliance is upheld and championed throughout the company.

All employee complaints raised to the executive team will be dealt with seriously and privately. All matters will be investigated and if necessary, disciplinary action will be taken.

Employees responsibility

Each employee has the responsibility to act in a manner that holds Australis Scientific’s reputation and policy in the highest of standards. The employee should not discriminate, harass, bully, or victimise another employee at any time while performing duties of the company.

Employees should understand that they may bear legal responsibility for their unlawful actions or actions carried out on their behalf, and they could also face disciplinary measures.

Workers must ensure that these principles also apply to guests, partners, suppliers and any other person or organisation that deals with Australis Scientific.

All incidents and suspected incidents are to be reported to their manager immediately.

Management responsibilities

All staff members that hold a management position or a position of power MUST uphold and prevent any form of discrimination trying to foster its way into the organisational fabric. It is imperative that management ensure all employees understand and implement this policy to ensure an appropriate workplace is maintained. Management must follow these procedures when confronted with a complaint.

Procedures

Grievance resolution

If an Australis Scientific employee believes they are being treated unfairly or being discriminated against they should first bring it up with the person, they have the issue with and inform them that their actions are unwanted and inappropriate for this workplace. If the issue cannot be resolved between employees, then a formal complaint needs to be submitted.

Lodging a formal complaint

If harassment and bullying continue after following “Grievance resolution” process, the employee must bring it to their managers attention. If the direct manager is the person the employee has an issue with, then they must lodge a formal complaint with more senior managers. All matters are to be kept confidential and private to safeguard the employee’s reputation throughout the investigation.

If an employee is lodging a complaint, they must do so understanding that the complaint must be of an honest nature and all facts are relevant to the complaint. The employee must be willing to work with the company till the time when the matter is resolved.

Investigation of complaint

Australis Scientific will investigate all alleged breaches of this policy and determine whether any unacceptable conduct has occurred.

Investigations will be conducted internally but Australis Scientific hold the right to engage outside council or authorities if they deem necessary.

In relation to all complaints, even when the person may not have meant to discriminate against a person, it is irrelevant and will be dealt with following the same procedure.

Principles of natural justice

Any accusations of unacceptable conduct must undergo swift investigation. The individual accused of engaging in actions amounting to unacceptable conduct should be regarded as innocent until conclusive findings establish the substantiation of any allegations and the occurrence of unacceptable conduct. The person accused of the misconduct is entitled to present their response or comments on the allegations.

No retaliation or adverse action

No employee at Australis Scientific will be disadvantaged in their role in bringing forward a concern or complaint. When the complaint has been made in good faith and with proper intentions. If a member of the management team.

Vexatious complaints

Australis Scientific will not accept vexatious complaints. If a complaint is made with vexatious tendencies disciplinary actions may be taken.

Consequences for breaching this policy

If an employee of Australis Scientific is found to be guilty of breaching this policy, they will face appropriate disciplinary action.

Appropriate actions may include a transfer, warning, counseling, employment termination (with or without notice) in extreme cases the matter may be passed onto the relevant authorities for appropriate action.

Matters where Australis Scientific will not interfere

Australis Scientific may not assist an employee to deal with a complaint if the following has occurred:

The complaint has already been dealt with (unless a further complaint has been made regarding the same person)

The grievance is without merit, intended to cause annoyance, or driven by malicious intent.

The complaint does not constitute bullying as defined by the policy and relevant laws.

Conclusion

Australis Scientific’s Equal Employment Opportunity Policy reflects our commitment to creating a workplace environment that upholds the principles of dignity, respect, and fairness for all individuals. By implementing this policy, we aim to prevent and address instances of harassment, discrimination and Victimisation in our organisation and provide a strong working environment.