Overview
This policy covers three closely related workplace rights: the right to work free from sexual harassment, free from bullying, and free from violence. EIR Group endorses and supports the principles of the Anti-Discrimination Act 1977 (Section 22A) and the Occupational Health and Safety Act 2000 No. 40.
Sexual harassment
It is a policy of EIR Group that no employee shall be the subject of sexual harassment, which includes:
- An unwelcome sexual advance.
- An unwelcome request for sexual favours.
- Unwelcome conduct of a sexual nature, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.
Sexual harassment includes conduct such as sexual comments, taunts, propositions, jokes and questions about sex life; display or distribution of material such as cartoons, posters, graffiti, emails or videos; and leering, sexual gestures, kissing, hugging or other touching of a sexual nature.
Any person who believes that they have suffered from sexual harassment is to report the fact to their immediate superior, who will initiate the necessary steps with a senior member of the team to have the complaint investigated in a fair and appropriate manner. All managers have a role to play in preventing harassment.
Bullying
EIR Group acknowledges the right of all those within its workplace to carry out their duties in a bullying-free environment. It is a policy of EIR Group that no employee shall be subject to bullying, which is defined as:
An incident in which employees and others are abused or threatened by management, fellow employees or by a member of the public in circumstances arising out of, or in the course of, the work undertaken at the workplace.
Bullying includes physical abuse, psychological abuse and violent behaviour (a highly objectionable form of bullying). Bullying in the workplace is harmful to the victim and the workplace culture.
Violence in the workplace
It is a policy of EIR Group that no employee shall be the subject of "violence at work", which is defined as:
Any incident in which employees and others are abused, threatened or assaulted by fellow employees or by a member of the public in circumstances arising out of, or in the course of, the work undertaken at the workplace.
- Physical assault
- Fighting
- Verbal abuse
- Intimidation
- Low-level threatening behaviour
Any person who believes they are suffering from "violence at work" is to report the fact to their immediate superior, who will initiate the necessary steps with a senior member of the team to have the complaint investigated fairly. Any person found guilty of such behaviour faces instant dismissal and possible prosecution.
Liability under the law
Under Australian law there are three forms of liability for sexual harassment, bullying and violence:
- The individual perpetrator has primary liability for acts of harassment, bullying or violence.
- The employer has vicarious liability for such acts.
- Any person who has caused, instructed, aided or permitted another person to harass, bully or commit violence has accessory liability.
Our commitment
The management of EIR Group recognises its clear obligations to provide a harassment, bullying and violence-free workplace and is committed to the monitoring and application of this policy across all sites in SA, NSW and QLD.
Questions about this policy?
Contact EIR on 1800 LABOUR (1800 522 687) or email admin@eirgroup.com.au. EIR Labour Hire — Australian family-owned since 2003, operating across SA, NSW and QLD.