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Note from the EEO Trust:
This policy from the Human Rights Commission has been
developed specifically to fit their organisation.
It is a very comprehensive policy that also contains useful
definitions and background information including the complaints
procedure and resolution of complaints.
Human Rights Commission
Dignity at Work Policy
Purpose
The Human Rights Commission is committed to being a ‘good employer’, having equal
employment opportunities for all, and to being an employer of choice.
This document sets out the policy for ensuring Dignity at Work and provides the
mechanisms to address any problems associated with discrimination, harassment,
bullying, or victimisation, should they occur.
Guiding principles
The Commission has a zero-tolerance to discrimination, harassment, bullying, and
victimisation and is committed to proactively working to provide a ‘safe’ work
environment for all.
Such behaviour is not tolerated by the Commission and will be regarded as serious
misconduct if found to be occurring.
Every person has the right to be treated with dignity and respect at work.
Any person who considers they have experienced discrimination, harassment, bullying
or victimisation is encouraged to take action.
Complaints will be dealt with speedily, confidentially and fairly and complainants will not
be victimised because they make a complaint.
Natural justice for those involved, including those complained against.
Appropriate action will be taken, which could involve warnings, removal from the work
area or dismissal.
Organisational commitment to training on an ongoing basis.
Rationale
The Human Rights Commission is committed to the Good Employer principles, EEO
and being an employer of choice.
The Commission is constantly striving to achieve the highest standards of
employer/employee behaviour that reflect our core business of human rights, dignity
and respect for all.
Scope
This policy covers the Human Rights Commission (HRC) and the Office of Human
Rights Proceedings (OHRP).
Unacceptable and unwelcome behaviour may involve employees, managers,
Commissioners, a member of the public, or a person whom an employee meets in
her/his official capacity. All individuals affected by the behaviour are covered by this
policy. It may involve the actions or behaviour of a person or a group. It includes
unwelcome behaviour that occurs at work or between workplace participants in settings
outside the workplace.
Relevant Legislation
The Universal Declaration of Human Rights enshrines the right to work in Article 23.
Discrimination at work is prohibited in the same article. Harassment and bullying, with
their potential to denigrate and humiliate an employee, strike at the free exercise of this
right.
The Human Rights Act 1993 prohibits discrimination on 13 grounds. Harassment
related to any one of these grounds could be seen as a form of discrimination. There
are specific provisions related to racial and sexual harassment and victimisation. An
employee may make a complaint both about the employer and the offending employee.
The Employment Relations Act 2000 like the HRA prohibits discrimination on 13
grounds and has specific provisions related to racial and sexual harassment. An
employee can also bring a personal grievance claim under ‘unjustifiable disadvantage’
or ‘unjustifiable dismissal’ and frame the claim around the already recognised duties
implicit in the employment relationship, such as the duty to provide a safe workplace,
and the duty of trust and confidence.
Health & Safety in Employment Act 1992 makes explicit that employers have an
obligation to provide a safe, secure work environment. The legislation requires
employers systematically to identify hazards in the working environment. Bullying and
harassment are stressors that may lead to reports of stress, and may thus constitute
hazards under the 2003 amendments to this Act which extended the definition of ‘harm’
to include physical or mental harm caused by work related stress.
The Crown Entities Act 2004 requires Crown entities to be ‘good employers’ to
operate personnel policies necessary for the fair and proper treatment of employees in
all aspects of their employment, including ‘good and safe working conditions’. The New
Zealand Court of Appeal has noted that the duty to take reasonable steps to maintain a
safe workplace is an implied term of employment contracts.
Police - Complaints of a criminal nature, for example physical or sexual assault or
stalking are a police matter as well as an employment matter
Harassment Act 1997
Official Information Act 1982
Privacy Act 1993
Other Relevant Policies and guidelines
Internal:
Collective Employment Agreement
Code of Conduct
EEO Commissioner Module on Bullying & Harassment
EEO Policy
Governance Statement
Good Employer Plan
Health & Safety Policy (in draft)
Privacy and Information Policy (dated June 2002)
Privacy and Information Protocol (dated June 2002)
External:
Crown Entities Act (Good Employer provisions)
SSC Standards of Integrity & Conduct
Document Management Control
Prepared by EEO Working Group
Owned by Executive Director
Authorised by Chief Commissioner
Date Issued: 25 June 2009
Review Date:
Detailed Policy Contents
This section contains the following information:
1. Policy
2. Definitions
3. What is not Harassment?
4. Confidentiality
5. Complaints Procedure
6. Resolution of Complaints
7. Roles
1. Policy
1.1 Every person has the right to be treated with dignity and
respect at work.
Policy
Any person who considers they have experienced
discrimination, harassment, bullying or victimisation is
encouraged to take action.
Such behaviour is not tolerated by the Commission and
will be regarded as serious misconduct if found to be
occurring.
Complaints will be dealt with speedily, confidentially and
fairly and complainants will not be victimised because
they make a complaint.
Everyone involved will have the right to a fair process.
Appropriate action could involve warnings, removal from
the work area or dismissal.
2. Definitions
2.1 Discrimination occurs when someone, or a group of
people, is/are treated less favourably than another person
Discrimination
or group in the same or similar circumstances, because of
a particular characteristic.
Discrimination or harassment on any of the grounds
specified in the Human Rights Act (Sex, Marital status,
Religious belief, Ethical belief, Colour, Race, Ethnic or
national origins, Disability, Age, Political opinion,
Employment status, Family status, Sexual orientation) is
unlawful when it occurs in the areas specified in the Act
(includes employment), subject to specified limitations.
2.2 Harassment is any unwanted and unwarranted behaviour
that a person finds offensive, intimidating or humiliating
Workplace
and is repeated, or significant enough as a single incident,
Harassment
to have a detrimental effect upon a person’s dignity, safety
and well-being. The behaviour can range from that
causing slight embarrassment through to criminal acts.
Examples of workplace harassment are:
- a generally ‘hostile’ work atmosphere of repeated put-
downs, offensive stereotypes, malicious rumours, or
fear tactics such as threatening or bullying;
- a general work atmosphere of repeated jokes, teasing,
flirting, leering or sleazy ‘fun’;
- harassing other communication technology users,
whether through language, frequency or size of
messages;
- comments or behaviour that express hostility,
contempt or ridicule for people of a particular race,
age, sexual orientation or any other identified group;
and
- an isolated but significant incident, such as a violent
attack or sexual assault.
2.3 Racial harassment is uninvited behaviour that humiliates,
offends or intimidates someone because of their race,
Racial
colour, or ethnic or national origin. It can involve spoken,
Harassment
written or visual material or a physical act. It can include:
- making offensive remarks about a person’s race;
- mimicking the way a person speaks;
- making jokes about a person’s race;
- calling people by racist names; and
- deliberately pronouncing people’s names wrongly.
2.4 Sexual Harassment is either a request for sexual activity
together with a promise of preferential treatment or a
Sexual
threat of detrimental treatment; or language, visual
Harassment
material, or physical behaviour of a sexual nature. It is
behaviour that is unwelcome or offensive to the person
subjected to it, repeated or significant, and causes harm to
a person’s employment, job performance or job
satisfaction, or personal life.
It can include:
- personally sexually offensive verbal comments;
- sexual or smutty jokes;
- repeated comments or teasing about someone’s
alleged sexual activities or private life;
- persistent, unwelcome social invitations, telephone
calls or any other form communication technology from
workmates at work or at home;
- following someone home from work;
- offensive hand or body gestures;
- unwelcome physical contact – e.g. patting, pinching,
touching or putting an arm around another person’s
body;
- provocative visual material – e.g. posters of a sexual
nature;
- sending and receiving pornographic, sexually explicit
or offensive material through communication
technology;
- hints or promises of preferential treatment in exchange
for sex, or threats of differential treatment if sexual
activity is not offered; and
- sexual assault and/or rape.
2.5 Bullying is a persistent misuse of power, whether formal or
Bullying informal. It is offensive, abusive, intimidating, malicious or
insulting behaviour. It makes the recipient or target feel
upset, threatened, humiliated, or vulnerable and
undermines self-confidence. It has a detrimental effect
upon a person's dignity, safety, self-confidence and well-
being and may cause them to suffer stress. It can be overt
or covert. Bullying can be exercised by anyone in any
position in an organisation.
Overt bullying can include:
- threats, intimidation, stand over tactics and coercion;
- verbally abusive or degrading language or gestures;
- shouting, yelling or screaming;
- unexplained rages;
- unjustified criticism and insults, nit-picking and fault
finding without justification;
- constant humiliation, ridicule and belittling remarks;
- unjustified threats of dismissal or other disciplinary
procedures; and
- punishment imposed without reasonable justification.
Covert bullying can include acts such as:
- deliberately overloading an employee with work and
imposing impossible deadlines;
- sabotaging someone’s work by withholding information
that is required to fulfil tasks;
- hiding documents or equipment;
- constantly changing targets or work guidelines;
- not providing appropriate resources and training;
- isolating or ignoring someone on a consistent basis;
and
- changes in the duties or responsibilities of an
employee to the employee's detriment without
reasonable justification.
Bullying between people may include teasing, practical
jokes, gossiping, excluding co-workers and criticising co-
workers on a regular and systematic basis.
2.6 Victimisation is treating or threatening to treat someone
less favourably because they have made a complaint, or
Victimisation
are believed to have made a complaint, of discrimination,
harassment, or bullying.
Examples include being:
- sidelined for training or promotion;
- snubbed by co-workers; and
- pressured to drop the idea of a complaint.
3. What is not Harassment?
3.1 The following are examples of behaviours that are not
considered to be harassment or bullying:
What is not
harassment? - friendly banter, light-hearted exchanges, mutually
acceptable jokes and compliments;
- friendships and relationships where both people
consent to the relationship;
- issuing reasonable instructions and expecting them to
be carried out;
- warning or disciplining someone in line with
organisation policy;
- insisting on high standards of performance in terms of
quality, safety and team cooperation;
- legitimate criticisms about work performance (not
expressed in a hostile, harassing manner);
- giving critical feedback, including in a performance
appraisal, and requiring justified performance
improvement;
- assertively expressing opinions that are different from
others;
- free and frank discussion about issues or concerns in
the workplace, without personal insults; and
- targeted EEO policies, parental leave provisions, or
reasonable accommodation and provision of work aids
for staff with disabilities.
Addressing harassment should not be seen as an attempt
to prevent people from doing their jobs or to prevent
people from having a reasonable amount of fun or good
humour at work. It is about respecting the dignity of people
and supporting their right to feel safe and respected at
work.
Occasional differences of opinion, conflicts and problems
in working relations are part of working life and do not
constitute bullying.
Workplace counselling, managing underperformance, or
other legitimate action in accordance with HRC policy and
procedures, are not bullying or harassment.
People may sometimes cause offence or harm
unintentionally. A principle of harassment is that it is not
the intention, or the behaviour, but the way it is received
and the effect it has on the person.,
4. Confidentiality
4.1 The possibility of defamation arises when someone
broadcasts the problem outside the proper channels to
Defamation
those with no genuine interest or need to know about it.
A person can sue another person for defamation if they
believe a false statement has been made that is likely to
injure their reputation.
The complainant, alleged harasser and those properly
involved in a complaint are protected against defamation
where the complaint is made honestly and without malice,
and is made only to those who have a duty to receive it,
such as those people noted in the first bullet point of 5.3
and in 5.4.
The Commission indemnifies all individuals making a
complaint in the course of following these procedures
against action for defamation, provided they have acted in
good faith and in accordance with these procedures.
4.2 The Commission has a Privacy and Information Policy and
a Privacy and Information Protocol which explains the
Access to
Commission’s obligations in relation to access to and
information
protection of information.
The Policy states that people have a right to access to any
information the Commission holds about them. This right
is guaranteed in relation to both personal information and
in relation to allegations made about people involved in a
formal complaint.
Access to personal information and/or information about a
complaint may be denied only where there is a good
reason for doing so.
Access may be refused where:
- it would endanger the safety of another person;
- it would involve the unwarranted disclosure of another
person’s affairs;
- the information concerned is subject to legal
professional privilege; or
- it would breach an obligation of privacy undertaken at
the time the information was gathered.
4.3 All information received by the Commission in relation to
the making of a formal complaint will upon its receipt
Official
become official information under the Official Information
Information
Act 1982 ("OIA").
Act 1982 &
disclosure of Requests pursuant to the OIA for such information must
Information be dealt with in terms of the OIA.
If the Commission receives a request under the OIA which
relates to information that concerns or relates in any way
to a formal complaint it will notify the person the
information relates to in writing of this and may ask the
person to assist the Commission in matters relating to the
request.
4.4 The Privacy Act governs the collection, use and disclosure
of personal information i.e. information about a living,
Privacy Act
natural person. The basic principle underlying the Privacy
1993
Act is that a person’s consent should be obtained before
information about them is gathered, used, or disclosed.
When the Commission collects personal information about
any natural person it will ensure that it meets the following
obligations:
- Ensure it collects only information that is necessary to
enable it to carry out its lawful functions.
- Wherever possible gather information directly from the
person concerned.
- Explain to the person it is gathering information from:
whether or not they have a choice about providing
the information
what the information will be used for
who the information will be disclosed to
what their rights relating to access to and correction
of information are.
- Refrain from collecting information by means that are
underhand or unfair.
5. Complaints Procedure
5.1 Anyone who considers they have been subjected to
discrimination, harassment, bullying or victimisation may
Options
take any one or more of the actions listed below.
The choice of which process is the most appropriate is a
matter for the complainant. There are contact people in
each office whose role is to help and support individuals.
5.2 The complainant may:
Self help - tell the respondent verbally that their behaviour is
offensive and request that it stop;
- write to, or e-mail the respondent about the behaviour
on a ‘personal and confidential’ basis requesting that it
stop; or
- speak to the respondent in the presence of a support
person of their choice requesting that the behaviour
stop.
5.3 Informal complaints means with a contact person’s help,
asking a third person, a friend, colleague, PSA delegate,
Informal
manager or Commissioner to help resolve the situation.
complaints
procedure This person needs to talk both with the complainant and
then with the person against whom the complaint is made.
If the respondent accepts the accuracy of the complaint;
an attempt will be made to resolve the matter informally as
requested by the complainant.
If the respondent does not accept the facts or only accepts
some of them, but is willing to settle the complaint
informally and the complainant is satisfied with this, then
the matter is resolved.
If both parties agree to settle the complaint informally then
the matter is resolved.
Sometimes mediation may be an appropriate way to
resolve the issue.
Mediation can be a powerful tool for both parties to
understand the intention and impact of the behaviours and
to find practical solutions that will facilitate an ongoing
working relationship and it can also provide the basis for
changing behaviour. It is not always appropriate and its
use should be weighed up carefully by the parties
involved.
Mediation may be appropriate when:
- an appropriately skilled and trained mediator is
available (maybe from the Department of Labour);
- both parties are interested in trying to resolve the
situation through mediation;
- an appropriately trained and skilled mediator is
available who has the confidence of both parties.
If the matter is not able to be resolved informally then the
process moves to the formal complaints procedure as
outlined in 5.4.
5.4 Anyone who believes they have been discriminated
against, harassed, bullied or victimised has the right to
Formal
make a formal complaint.
complaints
procedure If the matter is serious a formal complaint may be lodged
without going through self-help and/or informal
intervention. However in most circumstances, the
complainant should be encouraged to work through the
Commission’s informal complaint system in the first
instance before lodging a formal complaint.
A formal complaint can be given to any manager or
directly to the Corporate Services Manager.
Managers who receive formal complaints will liaise
immediately with the Corporate Services Manager to
jointly identify an appropriate, impartial person to
investigate the complaint.
If a complainant explicitly lodges a personal grievance, the
matter will be referred to the Corporate Services Manager
and the Executive Director.
The Corporate Services Manager will direct complaints
concerning the Executive Director, Commissioners or
Director OHRP to the Chief Commissioner and complaints
about the Chief Commissioner to the Chair of the Audit
Committee.
A formal complaint should be written and signed by the
complainant outlining details of the alleged incident(s). It
should be made by the person who has allegedly been
discriminated against/harassed/bullied (the complainant).
However, it may be made by a colleague at the
complainant’s request.
A formal complaint should outline:
- the identity of the person(s) against whom the
complaint is made;
- what happened (including the time(s), date(s),
place(s), what was said and done);
- how the complainant responded and what impact the
alleged behaviour had on them;
- what actions (if any) the complainant has taken to stop
the alleged harassing behaviour;
- whether anyone else witnessed the alleged behaviour;
and
- an indication of the outcome that the complainant is
seeking.
The complainant will be advised of the formal complaint
procedure, and that they may bring a support person with
them to any interview if they wish. This support person
may be a PSA delegate, a lawyer, or a friend/colleague.
The complainant will be informed about what type of
actions the Commission might take if the complaint is
upheld or if it is not established.
The investigation, by the line manager or Corporate
Services Manager, will involve interviews with the
complainant, the respondent, and any other relevant
people. A copy of the written complaint, including the
complainant’s name, will be provided to the respondent.
The complainant and respondent will be provided with a
copy of a report of the investigation and they will be
entitled to provide a written response within an indicated
time period, prior to a decision being made. The report will
then be submitted to the Executive Director (Chief
Commissioner for Executive Director, Commissioners and
Director OHRP and Chair of Audit Committee for Chief
Commissioner) who will decide what action will be taken.
The Corporate Services Manager will seek appropriate
legal assistance and advice when necessary and she/he
will hold all documentation on any investigation, report,
decision and action taken in a secure confidential physical
and electronic file. No electronic information will be stored
on shared networks.
Interim measures to ensure the complainant and the
respondent do not work closely together until the matter is
resolved may be appropriate, dependant upon the nature
of the complaint and the relationship between the
complainant and respondent.
Such measures could include moving the complainant or
respondent to another area, arranging for the complainant
or respondent to work from home or for the complainant or
the respondent to be on paid leave until the matter has
been investigated and resolved.
Factors to be taken into account when deciding on interim
measures include eliminating the risk of disruption to the
workplace or retaliatory action, and whether the
complainant or respondent is likely to experience further
stress by the presence of the other party.
If any interim measures are to be taken, they will be
discussed with the complainant and respondent before
any decision is made. The decision to implement any
interim measure will be made by the Executive Director
(Chief Commissioner for Executive Director,
Commissioners and Director OHRP and Chair of Audit
Committee for Chief Commissioner). Such action does not
mean that the Commission has accepted the complaint,
but is providing interim relief before resolution of the issue.
The complainant and the respondent will be advised not to
attempt to contact each other about the complaint. The
complainant will be advised that they are entitled to
contact the PSA if they are a member and that they can
report harassment to the police, particularly where an
assault or serious intimidation is alleged to have taken
place.
The complainant, the respondent, other staff, and any
family members involved will also be advised that they can
contact the Employee Assistance Programme (EAP) for
confidential counselling.
Note: In all cases the Corporate Services Manager,
Executive Director, Chief Commissioner or Audit Chair may
select an alternative person to act in their stead should they
judge that to be the right thing to do in the particular
circumstances of the situation.
5.5 The rights of both parties to a formal complaint will be
protected by the principles of natural justice. These are:
Natural - freedom from bias on the part of the person making the
justice decision/judgment; and
- transparency and fairness of the procedure.
Guidelines for a fair process include:
- taking a complaint seriously and acting on it
immediately;
- maintaining confidentiality;
- giving the problem resolution procedure priority and
responding in a timely manner;
- informing a respondent of the allegations against them;
- giving a respondent the opportunity to respond to the
allegation;
- not asking irrelevant questions;
- keeping both parties informed about progress of an
investigation;
- ensuring the parties' safety is protected during an
investigation, including protection from retaliation or
victimisation;
- giving both parties a full opportunity to read/see and
respond to all evidence collected in an investigation
before a decision is made;
- considering all the evidence and weighing it carefully
before deciding whether there is substance to the
complaint;
- providing both parties with a copy of the decision and
the reasons for the decision, and their options in terms
of settlement, review, etc.;
- ensuring any disciplinary action is proportionate to the
level of behaviour complained of; and
- offering the right of appeal or review
Care will be taken during the investigation of any
complaint of alleged harassment and afterwards to
prevent any disadvantage to the complainant or
respondent.
Care will also be taken during the investigation to protect
the mana/respect of the person against whom the
complaint was made and any other parties involved.
Retaliation against people who have been involved in a
harassment complaint in any way is unacceptable.
Any work difficulties experienced by people involved in
either an informal or formal complaint should be reported
immediately to their manager or to the Corporate Services
Manager (Chief Commissioner for Executive Director,
Commissioners and Director OHRP and Chair of Audit
Committee for Chief Commissioner).
5.6 A complainant can, at any time, lodge a personal
grievance under the Employment Relations Act 2000
External
(refer to clause 37 of the Collective Employment
complaints
Agreement).
procedure
The Employment Relations Act promotes mediation as the
preferred way to resolve any employment relationship
problem. If a personal grievance cannot be resolved by
direct discussion between the parties involved, they are
encouraged to use the mediation services provided by the
Department of Labour.
Alternatively, if an employee believes they have been
discriminated against, sexually harassed or racially
harassed they can lodge a personal grievance under the
Human Rights Act 1993.
A complainant can also lodge a claim under the Health
and Safety in Employment Act 1992 claiming harm due to
workplace stress.
Complaints of a criminal nature, for example physical or
sexual assault or stalking, are a police matter as well as
an employment matter. If a complaint of this nature is
made the Corporate Services Manager will seek
appropriate legal advice.
Although Contact People can provide general information
about mechanisms for complaints to be addressed outside
the Commission, they do not act in a support or advocacy
role in these circumstances.
5.7 When harassment or bullying is being carried out by a
client, member of the public or contractor, the employee
Harassment
should inform their manager, another manager, or
by clients or
Corporate Services.
contractors
The Commission will investigate and take all reasonable
steps to stop it happening again.
This may involve speaking directly with the person
concerned, lodging a complaint with the contractor's
employer, or obtaining a trespass order against the
person.
6. Resolution of Complaints
6.1 In resolving a substantiated complaint, the Corporate
Services Manager and/or legal adviser will be consulted,
Resolution of
so that any action meets legal/procedural fairness
substantiated
requirements, prior to the Executive Director (or Chief
complaints
Commissioner, in the case of a complaint involving
Commissioners, Director OHRP, or the Executive
Director) deciding what action will be taken.
Allegations of victimisation as a result of reporting or being
a witness to discrimination, harassment, bullying, or
victimisation will be regarded as potentially serious
misconduct and automatically result in a formal
investigation. If proven, resulting disciplinary action may
include dismissal.
If the complaint is not substantiated and does not appear
to be malicious or vexatious, the reasons for the decision
will need to be explained to both parties, separately. The
manager may also need to discuss further options with
each of the parties and monitor the relationship between
them.
If, however, it appears that the complaint is malicious,
vexatious or frivolous, there may be grounds for
disciplinary action against the complainant.
6.2 Following an investigation and a finding that bullying or
harassment did take place, the Commission will consider
Sanctions
appropriate action for:
- the person who has carried out the harassment;
- the complainant; and
- the organisation
Appropriate action may include any of the following:
- formal apologies;
- counselling, mentoring or training for the
harasser/bully;
- counselling for the complainant;
- appropriate measures to restore the relationship
between the two parties (this could include relocation
of the harasser/bully, depending upon the seriousness
of the incident);
- reimbursement of any costs associated with the
discrimination, harassment, bullying or victimisation
such as medical or counselling fees;
- re-accrediting any annual leave taken as a result of the
discrimination, harassment, bullying or victimisation;
- disciplinary action against the harasser/bully, for
example oral or written warnings (could include
dismissal depending upon the seriousness of the
incident); and
- further general training for Commissioners, Managers
or staff on the issues of harassment, adjustment of
policies and procedures to either reduce the risk of
harassment or to enable the organisation to respond
more effectively.
If the complaint is substantiated, a record of disciplinary
action or other decisions taken concerning employees will
be kept by on the personnel file (or by the Chief
Commissioner for Commissioners and Director OHRP and
Chair of Audit Committee for Chief Commissioner). This
record may be placed on the employee’s personnel file for
a specified period of time.
6.3 The Commission will ensure that support mechanisms
including counselling services are available for all
Counselling
individuals who believe they are being, or have been
discriminated against, harassed, bullied or victimised.
Likewise, anyone who has been accused of harassment is
also entitled to support during the resolution process. The
Commission may also be able to provide assistance to an
individual where their behaviour is found to constitute
harassment and they have agreed to undertake some
counselling or receive support to help/rehabilitate them.
The Commission recognises the potential impact of
harassment on the parties involved. Complainants should
therefore not have to confront their alleged harasser or
vice versa, if either party so wishes.
6.4 This policy has been supported by and developed with the
PSA. It will be communicated to employees using a variety
of methods including posters, leaflets and training.
Training
Periodic workshops on harassment and bullying will be
held for all staff, managers and Commissioners and are
integral to induction activity.
Part of the challenge of developing a diverse workforce is
to ensure that all new staff and Commissioners are fully
integrated into the existing teams and activities of the
organisation and understand the organisation's values and
expected standards of behaviour.
A comprehensive programme of training will be provided
for managers to ensure they have the knowledge and
skills necessary to implement the organisation's policies
effectively. They will have training on:
- what discrimination, harassment and bullying are, what
they are not, and why they are an issue;
- the options open to complainants;
- managers' responsibilities towards all parties involved;
- handling interviews with complainants and
respondents;
- why it is difficult for people to complain;
- what managers can do to prevent discrimination,
harassment and bullying;
- what to do when harassment is alleged and how to
deal with the complainant as well as the alleged
harasser; and
- effective delegation, motivation and improving
communication and interpersonal skills, as well as in
dealing with employee differences and conflict.
Contact people and Investigators will receive initial training
in the issues, as well as refresher training and ongoing
support, since their role can at times be stressful.
Research indicates that those supporting others and those
investigating bullying are often bullied and are accused of
being bullies during the period of the investigation.
Contact people and investigators will be given the support
they require in order to contend with the complex and
difficult situations they encounter.
7. Roles
7.1 Everyone has a responsibility to prevent workplace
discrimination, harassment, bullying, and victimisation.
Everyone
All Commissioners and employees are responsible for
modelling appropriate behaviour at all times and
participating in any training/education on the policy.
The roles of people who have specific responsibilities are
outlined below.
7.2 Contact people provide confidential assistance and
support to individuals who believe they have an issue with
Contact
harassment.
people
They are a source of general information about
discrimination, harassment, bullying, and victimisation in
the workplace, and about internal and external options for
action.
Where a person requests no action be taken, the contact
person must explain all options available and reassure the
complainant about confidentiality and the sanctions for
victimisation.
The complainant’s preference for non-action may be
overridden in some circumstances because the
Commission has a legal obligation and a duty of care to
provide a safe working environment. In this circumstance
the contact person will inform the Corporate Services
Manager. However, usually it is ultimately up to the
complainant to choose what action to take.
A contact person will not speak for a complainant, provide
counselling or be involved in investigations of
discrimination, harassment or bullying.
Their role is to:
- Listen to the individual;
- Provide advice on the options for resolving the issue;
- Support the individual to choose a course of action;
- Create an environment that assists the individual to
follow through with their chosen course of action; and
- Follow up to ensure the problem is resolved
Details of the alleged incident and any action by the
contact person are confidential information and will be
held initially by the contact person.
If the complainant makes a formal complaint and it is
substantiated this information will be forwarded to the
Corporate Service manager and retained by the
Commission. It will be placed on the personnel file of the
harasser or bully.
If the complaint is not substantiated, the information will be
disposed of securely.
Contact people will receive training but this does not
provide them with the skills to be an investigator, mediator
or trainer. The Corporate Services Manager may decide to
nominate selected personnel for further training in these
more specialist areas.
Contact people are selected from the most suitable
personnel, taking into account the balance of gender,
ethnicity, office location and level within the Commission.
Details of Contact People are available on staff notice
boards, the shared drive and in the New Employee
Induction Manual.
7.3 The Corporate Services Manager works with staff,
managers, Commissioners and clients and may intervene
Corporate
at any level as appropriate.
Services
Manager The role includes overseeing the integrity of the policy and
process. She/he is a source of general information and
can provide information about discrimination, harassment,
bullying, and victimisation, and about internal and external
options for action.
The Corporate Services Manager is responsible for
ensuring that:
- appropriate support of Commissioners, the
Management Team and other staff of the Commission
is provided;
- training on preventing discrimination, harassment and
bullying in the workplace is resourced and provided for
all staff and Commissioners every two years;
- in each office of the Commission there is a minimum of
one trained contact person able to respond sensitively
to employees who want advice on discrimination,
harassment, bullying, and victimisation; ideally, contact
people will be representative of staff;
- contact people receive support and training as needed
to carry out their role effectively and are allocated time
to be able to adequately undertake their duties;
- all records are kept for the appropriate period,
according to the Public Records Act, and they are kept
confidential; and
- selection criteria for management positions include the
requirement that managers have demonstrated ability
to deal with sensitive human resource issues.
7.4 Harassment mediators have undergone recognised
training in conflict resolution strategies.
Harassment
Mediators They provide a service to individuals who have an issue
with harassment or bullying by acting as an intermediary
between affected parties.
A complainant may formally request assistance from a
Mediator.
7.5 Harassment investigators have undergone training in
procedures of investigation.
Harassment
Investigators The Commission may appoint an Investigator to
investigate an allegation of discrimination, harassment or
bullying when a written complaint has been received.
7.6 Managers within the Commission are familiar with this
policy and are prepared to explain the options to any staff
Managers
who complain of harassment or bullying.
Managers must:
- make it clear to staff that the Commission will not
tolerate any form of harassment;
- set standards of behaviour and model exemplary
standards of professional conduct at all times;
- ensure that the work environment does not condone
language, behaviour or visual material that is
unwanted by, or offensive to any staff member;
- have a role within the Commission ensuring
accessibility and promoting and explaining the
Commission's Dignity at Work policy;
- provide appropriate information and education on
discrimination, harassment, bullying, and victimisation
to all new staff as a standard part of induction;
- ensure that all complaints are dealt with according to
the standards set out in this policy;
- act quickly and effectively where a complaint is bought
to their attention;
- treat any complaint with confidentiality and sensitivity;
and
- not trivialise any complaint.
SIGNED FOR AND ON BEHALF OF:
The Human Rights Commission
Te Kāhui Tika Tangata
Date:
Rosslyn Noonan – Chief Commissioner
Te Amokapua
Date:
Joanna Collinge – Executive Director
Tumuaki Kaiwhakahaere Matua
SIGNED FOR AND ON BEHALF OF:
The Office of Human Rights Proceedings
Te Whakatau Take Tika Tangata
Date:
Robert Hesketh – Director of Human Rights Proceedings
