INTRODUCTION
Red Stitch Actors’ Theatre is committed to providing a safe, respectful and inclusive workplace environment that is free from discrimination, harassment, sexual harassment and bullying. We do not tolerate or condone any form of discrimination, harassment, sexual harassment or bullying in the workplace.
The purpose of this policy is to provide guidance to employees of Red Stitch Actors’ Theatre, as defined in the Company Code of Conduct, on how to identify and prevent discrimination, harassment, sexual harassment and workplace bullying.
WHEN DOES THIS POLICY APPLY?
This policy applies at all times when a person is representing Red Stitch Actors’ Theatre, or doing work on behalf of or for Red Stitch Actors’ Theatre, whether on Red Stitch Actors’ Theatre premises, on tour, or off- site.
It applies to after hours and off-site activities and functions that are organised by Red Stitch Actors’ Theatre, or which are attended on behalf of Red Stitch Actors’ Theatre. This includes team lunches, Christmas parties and other work-related entertainment. It also applies outside of work where there is a connection to the workplace – such as when using social media
WHAT WE EXPECT FROM YOU
We expect everyone to:
treat everyone at work, or at a work-related activity with respect, courtesy and dignity;
not engage in discrimination, harassment, sexual harassment or workplace bullying;
report any discrimination, harassment, sexual harassment or workplace bullying that you may witness - in line with the Red Stitch Actors’ Theatre Reporting Procedures;
participate in any training on discrimination, harassment, sexual harassment or workplace bullying we may organise;
co-operate with any investigation of complaints; and
familiarise yourself with our workplace policies, and understand your obligations under those policies.
WHAT IS DISCRIMINATION?
Discrimination is treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by the law, such as sex, age, race or disability.
It is unlawful to discriminate against someone because of a protected personal characteristic. Protected personal characteristics under federal discrimination law include: Adopted 12 December 2018
A disability, disease or injury, including work-related injury
Parental status or status as a carer
Race, descent, national origin or ethnic background
Age
Gender, or gender identity
Sexual orientation
Industrial activity
Religion
Pregnancy and breastfeeding
Marital status
Political opinion
Social origin
Medical record
An association with someone who has, or is assumed to have, one of these characteristics, such as being the parent of a child with a disability
It is also against the law to treat someone unfavourably because you assume they have a protected personal characteristic or may have it at some time in the future.
WHAT IS NOT DISCRIMINATION?
In certain circumstances it will not be unlawful discrimination to treat employees differently because of a protected personal characteristic. The main exceptions are where the discriminatory act or practice:
Is necessary to comply with other legislation
Is taken because the complainant cannot perform the inherent (essential) requirements of their job, even where reasonable adjustments are made
Is a genuine occupational requirement (an exemption may be required, depending on the law in the relevant state or territory)
Is necessary to protect health and safety
Is permitted because an exemption or ‘special measure’ applies. This is often referred to as ‘positive discrimination’ or ‘affirmative action’
WHAT IS HARASSMENT?
Harassment is unwelcome and unsolicited behaviour that a reasonable person would consider to be offensive, intimidating, humiliating or threatening.
It is unlawful to harass an individual or group because of a protected attribute (such as age, sex or race, as outlined above). Harassment of any kind will not be tolerated at Red Stitch Actors’ Theatre.
Harassment that is not related to a protected attribute is still inappropriate in the workplace and should be dealt with accordingly. Adopted 12 December 2018
Harassment can be physical, spoken or written. It can include:
Intimidation, verbal abuse, or repeated threats or ridicule
Sending offensive messages by text, email or other means
Derogatory comments
Display of offensive materials, pictures, comments or objects
Ridiculing someone because of their accent or English-speaking ability
Telling offensive jokes or engaging in practical jokes based on a protected characteristic
Belittling or teasing someone about their disability
Isolation, segregation or humiliation based on a protected characteristic.
WHAT IS SEXUAL HARASSMENT?
Sexual harassment is any form of unwelcome behaviour of a sexual nature, which could be expected to make a person feel offended, humiliated or intimidated
It is unlawful for an employee to engage in sexual harassment, or encourage or allow another employee to do so.
Sexual harassment can be physical, spoken or written. It can include:
Staring or leering at a person or parts of their body
Excessive familiarity or physical contact, such as touching, hugging, kissing, pinching, massaging and brushing up against someone
Suggestive comments, jokes, conversations or innuendo
Insults or taunts of a sexual nature
Intrusive questions or comments about someone’s private life
Displaying posters, magazines or screen savers of a sexual nature
Sending sexually explicit emails or text messages
Inappropriate advances on social networking sites
Accessing sexually explicit internet sites in the presence of others
Unwelcome flirting, requests for sex or repeated unwanted requests to go out on dates
Behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications
Just because someone does not object to inappropriate behaviour in the workplace at the time, does not mean that they are consenting to the behaviour.
Behaviour can still be considered to be sexual harassment where:
The person engaging in the behaviour did not intend to humiliate, intimidate or offend
Some people in the workplace are not offended by the behaviour
The behaviour was previously an accepted practice in the workplace
All employees have the same rights and responsibilities in relation to sexual harassment.
A single incident of inappropriate behaviour is enough to constitute sexual harassment – it does not have to be repeated.
Where employees engage in consensual, welcome and reciprocated behaviour, this is not sexual harassment. However, appropriate professionalism is expected of all employees at all times, including in relation to employees engaging in consensual behaviour. Adopted 12 December 2018
WHAT IS WORKPLACE BULLYING?
Workplace bullying (‘bullying’) is where an individual or group of individuals repeatedly behave unreasonably to another person or group of persons at a workplace, which creates a risk to health and safety.
Unreasonable behaviour is behaviour that a reasonable person, having regard to all the circumstances, would expect to victimise, humiliate, undermine or threaten.
It is unlawful for an employee to engage in bullying, or encourage or allow another employee to do so.
Bullying does not need to be intentional to be unlawful. Whilst one-off incidents of unreasonable behaviour may not be considered bullying, they are still inappropriate and may constitute discrimination.
Bullying can take many forms. It can be physical, spoken, written, overt or covert. Behaviours that may constitute bullying include:
Aggressive or intimidating conduct or threatening gestures
Manipulation, intimidation or coercion
Threats, abuse, offensive language, shouting or belittling
Innuendo, sarcasm and other forms of demeaning language
Ganging up
Public humiliation
Initiation activities
Practical jokes, teasing, or ridicule
Isolation, exclusion or ignoring people
Inappropriate emails/pictures/text messages
Unreasonable accusations or undue unconstructive criticism
Allocating unpleasant, meaningless or impossible tasks
Placing unreasonably high work demands on selected employees
Deliberately withholding information or equipment that a person needs to do their job or access their entitlements
Unreasonable refusal of requests for leave, training or other workplace benefits
Withholding access to opportunities
WHAT IS NOT WORKPLACE BULLYING?
Workplace bullying does not include reasonable management action carried out in a reasonable manner. Red Stitch Actors’ Theatre has rights and obligations to effectively direct and control the way work is carried out. It is reasonable for managers and supervisors to allocate work to an employee and give fair and reasonable feedback on an employee’s performance.
Examples of reasonable management action include:
Setting reasonable performance goals, standards and deadlines
Rostering and allocating working hours where the requirements are reasonable
Transferring an employee for operational reasons
Deciding not to select an employee for promotion where a reasonable process is followed
Disciplinary action (including investigations) taken in a reasonable manner
Informing an employee about unsatisfactory work performance or inappropriate behaviour in an objective and confidential way
Implementing organisational changes or restructuring
Termination of employment
Workplace conflict is generally not considered workplace bullying. Differences of opinion and disagreements in the workplace may arise without engaging in repeated, unreasonable behaviour that creates a risk to health and safety. Not all conflicts or disagreements have a negative impact on health or safety.
WHAT IS VICTIMISATION?
Victimisation is subjecting or threatening to subject someone to a detriment because they have asserted their rights under equal opportunity law, made a complaint, helped someone else make a complaint, or refused to do something because it would be discrimination, harassment, sexual harassment, bullying or victimisation.
It is also victimisation to threaten someone (such as a witness) who may be involved in an investigation of a complaint.
It is unlawful to victimise another person.
Victimisation is a very serious breach of this policy and is likely (depending on the severity and circumstances) to result in formal disciplinary action against the perpetrator. The perpetrator may also be subject to legal proceedings under anti-discrimination legislation and criminal law.
BREACHING CONFIDENTIALITY
It is unacceptable for employees at Red Stitch Actors’ Theatre to talk with other employees, as defined in the Code of Conduct, or the media about any complaint of discrimination, harassment, sexual harassment or bullying, or to otherwise breach confidentiality as defined in the Code of Conduct.
Breaching the confidentiality of a complaint or investigation or inappropriately disclosing personal information obtained in a professional role (for example, as a manager) is a serious breach of this policy and may lead to formal disciplinary action.
WHAT SHOULD YOU DO IF YOU THINK SOMEONE IS BREACHING THIS POLICY?
Refer to Red Stitch Actors’ Theatre’s Reporting, Complaint Handling and Investigation Procedures
ALSO AVAILABLE
ALCOHOL AND OTHER DRUGS POLICY