Discrimination, Harassment and Bullying Policy

Purpose

Etz Chayim Progressive Synagogue is committed to providing an environment that is safe and supportive,

that is free of discrimination, harassment, and bullying, and where all people associated with Etz Chayim

Progressive Synagogue treat each other with respect. ECPS will not tolerate behaviour which is unlawful, or

which it considers inappropriate, unethical or offensive in nature.

Policy

Discrimination, harassment, and bullying are unlawful and disciplinary action, including dismissal, may

result for any employee who breaches the required behaviours. ECPS requires all its employees,

volunteers, members of the Board, members of committees, members and visitors to comply with the

legislative obligations, industrial commitments and government policies and directions concerning, and

dealing with, discrimination, harassment and bullying in the workplace.

Legislative Obligations

ECPS is an equal opportunity employer and is committed to achieving the principal object in

s3(j) of the Workplace Relations Act 1996 (Cth), which is reiterated as a commitment under

Clause 8 of the Victorian Public Sector Agreement 2006: ‘respecting and valuing the diversity of the work

force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual

preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion,

political opinion, national extraction or social origin...’

Unfair discrimination and victimisation (a form of harassment) are prohibited in Victoria by the

Equal Opportunity Act 1995 (Vic), and three Federal Acts; the Racial Discrimination Act 1975

(Cth), the Sex Discrimination Act 1984 (Cth), and the Disability Discrimination Act 1992 (Cth).

Sexual harassment is specifically prohibited by both the Equal Opportunity Act 1995 (Vic) and

the Sex Discrimination Act 1984 (Cth).

In addition, there are penalties under the Workplace Relations Act 1996 (Cth) for unlawful

discrimination and victimisation against persons or organisations on account of any membership

of, or connection with any industrial association, or any non-membership of, or non-connection

with any industrial association. Discrimination or victimisation on the basis of being an elected

Health and Safety Representative, or raising an issue of safety in the workplace is also forbidden

under the Occupational Health and Safety Act 1985 (Vic).

Some forms of harassment may constitute assault or stalking, which are crimes in Victoria.

Bullying may constitute an offence of violence, which is a crime in Victoria.

Discrimination

Definitions

Workplace is defined here as any place where ECPS employees, volunteers, members of the Executive and

Board, members of a committee or representatives undertake their ECPS role.

Staff is defined here as any employee, volunteer, member of the Board, member of a committee or

representative.

Discrimination is treating a person less favourably because they possess a particular characteristic or

status, which include the following:

• Carer status

• Impairment

• Industrial activity or organisation

• Sexual preference/lawful sexual activity

• Marital status

• Parental status

• Political belief/activity or affiliation

• Physical features

• Pregnancy

• Race

• Religion

• Gender

• Personal association

Discrimination can be both direct and indirect:

• direct discrimination is treating a person with an identified attribute or personal characteristic less

favourably than a person who does not have that attribute, in an area of public life covered by the

applicable legislation;

• indirect discrimination is unreasonably imposing or intending to impose a requirement, condition or

practice that can only be complied with by a higher proportion of people without the attribute or

personal characteristic; indirect discrimination occurs when a requirement, condition or practice

which appears to be neutral, in fact has a disproportionately negative impact on a particular group.

The intention or motive of the alleged discriminator is irrelevant in determining if discrimination has taken

place.

ECPS’s Approach to Discrimination

ECPS is committed to the practice of fair and equal treatment of all staff. This encompasses policies,

procedures and decisions in the areas of:

Recruitment and selection:

• recruitment and selection are based on the merit principle which ensures the practice of open and

fair competition in order to select the best available person for the job

• potential recruits need to understand that ECPS’s ability to conduct its role to members relies on it

having access to sensitive security information and its functionaries being able to handle stressful

situations, therefore;

• potential recruits need to understand that recruitment and selection may be based on satisfactory

completion of security as they apply from time to time

• potential recruits need to understand that ECPS’s ability to conduct its role to members may be

compromised by selection or appointment of employees, volunteers or representatives who have a

past criminal or psychological background that could be construed as impacting on the employee’s,

volunteer’s or representative’s ability to fulfil an assigned role within ECPS

• potential recruits to some positions may need to reflect the Traditional Jewish ethos of ECPS

Staffing decisions:

• all decisions in relation to organisational and job design and structure, and change, are based upon

operational requirements or the quality of performance

Employment conditions:

• decisions about conditions of employment are made based on operational requirements and a fair

and non-discriminatory consideration of the needs and wishes of the employee(s) concerned

Discrimination of any kind will not be tolerated in ECPS, whether by employees, volunteers, members of

the Board, members of a committee, members, representative or others associated with ECPS. All

employees, volunteers or representatives should take care to ensure that their own behaviour is not

discriminatory, and should be aware of, and be prepared to act, in relation to situations involving their

ECPS colleagues where discrimination may be occurring.

Any employee, volunteer, member or representative who makes a genuine complaint of discrimination,

will not be subject to any adverse comment, attitude or treatment by managers or others, or suffer

disadvantage in any way in ECPS on account of that complaint or its resolution.

Harassment

Definitions

Harassment is any form of behaviour that is uninvited and unwelcome, and / or that is likely to cause a

hostile or uncomfortable workplace. This can occur in workplaces when behaviour:

• humiliates;

• seriously embarrasses;

• offends;

• intimidates;

• threatens; or

• frightens another person.

The intention or motive of the alleged harasser is irrelevant in determining whether harassment has taken

place. The important issue is how the actions have been perceived and experienced by the alleged victim

of harassment.

Sexual harassment is unwanted, unwelcome or uninvited behaviour of a sexual nature which makes a

person feel humiliated, intimidated, offended, threatened or frightened. Sexual harassment can take many

different forms and may include words (comments, jokes), physical contact, the display or circulation of

offensive material, or other behaviour which creates a sexually hostile or offensive environment. Some

examples of behaviour or activity which may constitute sexual harassment include, but are not limited to:

• making requests or demands for sexual favours in return for work or employment related decisions

or actions;

• jokes, suggestions or comments of a sexual nature;

• sex based insults or name calling;

• offensive hand or body gestures;

• offensive staring or leering;

• offensive whistling or making other offensive or suggestive sounds;

• distribution or display of material, telephone calls, emails, screen savers or articles from the

Internet, photographs, reading matter or objects which are offensive or obscene;

• unwelcome physical contact such as brushing against a person, patting or pinching, massaging,

touching or grabbing a person’s clothing; or uninvited and unwelcome embraces, kisses or other

physical contact;

• unwelcome comments about a person’s sex life or physical appearance, or persistent questions or

insinuations about a person’s private life;

• unwanted advances, interest, propositions or demands, sexual propositions or continual requests

for dates;

• any behaviour which could be defined as stalking (which is a criminal offence);

• assault or rape (which are also criminal offences).

Racial or religious harassment may be defined as any hostile or offensive act or expression based on race,

religion, colour, national or ethnic origin by a person or group of one racial or ethnic origin against a person

or group of another, or incitement to commit such an act. Racial or religious harassment may consist of

one or a combination of the following:

• derogatory name-calling;

• insults and racist or religious jokes;

• ridicule of any individual for cultural differences;

• regular exclusion from normal workplace conversation;

• racist graffiti;

• verbal abuse and threats;

• unwelcome questions, remarks or innuendo;

• taunting about a person’s race, ethnic or national origin, creed or faith;

• physical attack.

ECPS is committed to providing all employees with a working environment that that is free from racial or

religious vilification. The Racial and Religious Tolerance Act 2002 (Vic) was introduced by the Victorian

Government, and proudly supported by the Jewish community, to provide an avenue of redress for victims

of racial or religious vilification. By providing a balance through the inclusion of rights and responsibilities,

the legislation seeks to achieve mutual respect between all racial and religious groups.

The Act states that people will not engage in conduct, including public behaviour, and communication

through email or internet, that incites:

• hatred of a person or group on account of racial or religious background;

• serious contempt for a person’s racial or religious background; and / or

• severe ridiculing of a people’s racial or religious background and practices.

Examples of behaviour that may be covered by the Act include but are not limited to:

• physical attacks;

• writing racist graffiti in public places or in a workplace;

• making racist speeches at a public rally;

• displaying racist posters or stickers in a public place or in a workplace;

• racist or religious vilifying abuse in a public place or in a workplace;

• offensive racist comments in a publication including the Internet, email and workplace intranet and

email.

When and Where Harassment Can Occur

Harassment, including sexual harassment and racial or religious harassment can occur between a member

or members of any of the following groups, who may be either victims or perpetrators:

• employees, whether full or part time, casual or fixed term;

• supervisors, line managers;

• contractors or others working in or with ECPS but not as employees;

• other service providers associated with ECPS;

• clients or others working in partnership or on a project basis with ECPS;

• members;

• volunteers

Harassment for which an ECPS employee, volunteer, member or representative (if the

alleged harasser) and ECPS may be liable, can occur:

• while on duty at any ECPS workplace;

• at learning and development activities, conferences, meetings, retreats, workshops or other work

events away from the normal workplace;

• at work functions, including organised parties, lunches, dinners, trips and any other work-related or

work-organised activities.

If a person acting on behalf of ECPS discriminates against or sexually harasses a beneficiary or group of

beneficiaries, that person, his or her line manager and ECPS may be liable to have a complaint lodged

against them. Therefore, any complaint received from a beneficiary against an employee, volunteer or

representative will be treated on the same basis as a complaint made by an employee, volunteer or

representative.

The ECPS Board shall reserve the right to call a member to a hearing for the purpose of investigating

alleged harassment. The ECPS Board may, upon considered deliberation:

a) request that the member attend a mediation with the affected person

b) request that the member apologise to the affected person

c) ban the member from having any contact with the affected person

d) remove membership from the member, where all other avenues of remediation have been exhausted.

Bullying

Definitions

The Worksafe Victoria Guidance Note on Prevention of Bullying and Violence at Work defines bullying in

the following way:

‘Workplace bullying is repeated, unreasonable behaviour directed towards an employee or group of

employees, that creates a risk to health and safety.

‘Unreasonable behaviour’ means behaviour that a reasonable person, having regard to all the

circumstances, would expect to victimise, humiliate, undermine or threaten.

‘Behaviour’ includes actions of individuals or a group, and may involve using a system of work as a means

of victimising, humiliating, undermining or threatening.

‘Risk to health and safety’ includes risk to the mental or physical health of the employee.’

The following types of behaviour, where repeated or occurring as part of a pattern of behaviour, could be

considered bullying:

• verbal abuse;

• excluding or isolating employees, volunteers or representatives;

• psychological harassment;

• intimidation;

• assigning meaningless tasks unrelated to the job;

• giving employees, volunteers or representatives impossible assignments;

• deliberately changing work rosters to inconvenience particular employees, volunteers or

representatives;

• deliberately withholding information that is vital for effective work performance.

What about a single incident? According to the definition, a single incident of bullying-style behaviour does

not constitute workplace bullying. However, since an employer has a general duty to provide his or her

employees with a safe workplace and safe system of work, single incidents of bullying-style behaviour will

not be ignored or condoned.

‘Repeated’ refers to the persistent nature of the behaviour, not the specific form the behaviour takes.

Behaviour is considered “repeated” if an established pattern can be identified. It may involve a series of

diverse incidents – for example, verbal abuse, deliberate damage to personal property and unreasonable

threats of dismissal.

More serious behaviour such as a physical attack or the threat of a physical attack may constitute a

criminal offence and will be dealt with appropriately.

Etz Chayim Progressive Synagogue’s Approach to Prevent Bullying

ECPS is committed to providing its staff and beneficiaries with a working environment that is free from any

kind of bullying. Bullying is unacceptable and ECPS will investigate any complaint and protect any person

making a complaint from reprisal. Bullying may also constitute a violent criminal offence under some

circumstances.

ECPS is committed to protecting the physical and psychological health and safety of all in the workplace.

ECPS will treat all instances of bullying seriously. As well as ensuring appropriate and timely internal action

is taken, ECPS will ensure that where external action is warranted, including involvement of police, that

this occurs and is supported.

All staff of ECPS should take care to ensure that their own behaviour does not constitute bullying, and

should be aware of, and be prepared to act, in relation to situations involving their colleagues where

bullying may be occurring.

No employee, volunteer, representative or member who makes a genuine complaint of bullying in good

faith, will be subject to any adverse comment, attitude or treatment by managers or other employees, or

suffer disadvantage in any way in ECPS on account of that complaint or its resolution.

Disciplinary Action

Regardless of where the complaint is taken, the investigation and resolution of a complaint of

discrimination, harassment, vilification, or bullying may result in disciplinary action against an employee,

volunteer, representative or member, which could result in instant dismissal or expulsion.

The ECPS Board shall reserve the right to call a member to a hearing for the purpose of investigating

alleged harassment. The Etz Chayim Board may, upon considered deliberation:

a) request that the member attend a mediation with the affected person

b) request that the member apologise to the affected person

c) ban the member from having any contact with the affected person

d) remove membership from the member, where all other avenues of remediation have been exhausted.

Procedure

An employee, volunteer or member who believes that he or she has been the victim of discrimination,

harassment, vilification, or bullying has a number of choices of action. The following are alternatives, and

do not have to be undertaken in any order.

1. Confront the Alleged Offender

If the complainant feels comfortable doing so, she or he may first confront the alleged offender

directly and inform that person that their behaviour is offensive, undesirable, and unacceptable,

and must cease. This may be sufficient to end the behaviour, particularly if the offender was

unaware of its effect.

2. Approach the President or the Harassment Officer (HO)

The complainant may choose to approach the President or, in the case of a complaint against the

President or a Board/Committee member, to the ECPS Harassment Officer (HO), with the

complaint. The President may resolve the issue either informally (e.g. by discussing the matter with

the parties, bringing them together etc.), or more formally, by conducting a documented

investigation.

3. ECPS Grievance Review Process

Alternatively, a formal complaint can be lodged through the President. Where the complaint is

against the President, or a Board/Committee member, the complaint should be lodged with the HO

nominated by the Board.

4. External Process

A complainant may choose to take his or her complaint straight to an external avenue, such as the

Equal Opportunity Commission Victoria, the Federal Human Rights and Equal Opportunity

Commission, the police, or other avenue.

The Role of the Harassment Officer (HO)

The specific role of HO is to:

1. Provide a ‘first point of contact’ for people with enquiries related to discrimination, harassment and

bullying against the President or a Board/Committee member.

2. Provide information to ECPS employees, volunteers and member, including complainants,

respondents and staff about ECPS’s policies, grievance resolution procedures related to harassment

and discrimination, and where to access support or advice, both internal and external to ECPS.

3. Undertake awareness-raising in the workplace about ECPS policies and procedures regarding

discrimination and harassment and grievance resolution.

4. Assist parties in a grievance to work towards a solution by encouraging them to generate options

for dealing with their particular concern.

5. Where possible and as appropriate, encourage parties to utilise the lower level, informal processes

available to them.

6. Provide feedback to and alert the President to any issues/problems related to the HO role.

It is expected that HO will:

1. Have a commitment to and understanding of social justice and equal opportunity.

2. Provide accurate information and appropriately refer matters as required.

3. By their own behaviour, act as a role model to others

4. Be proactive in promoting a discrimination and harassment free environment.

5. Be discreet and maintain confidentiality of the issues raised by persons seeking advice, with the

following caveat: An HO is required to advise an appropriate staff member if they believe a staff

member or other may be in danger or potentially endanger someone else, or if they believe the

issue is or may be potentially extremely serious.

An HO will not:

1. Engage in advocacy on behalf of an individual

2. Undertake mediation or investigation

3. In any way become involved in the grievance resolution process other than as described in the

role description.

4. Act as an HO in situations where they may be a conflict of interest. In such instances, ECPS

employees, volunteers and members are to be referred.

HOs are required to:

1. Keep up to date with any changes in policies and procedures.

2. Provide the President with feedback.

The HO’s role is voluntary.