Sample and Partner's Antidiscrimination Policy

This Policy covers workplace behaviours including:

  • - Discrimination;
  • - Workplace Harassment;
  • - Sexual Harassment; and
  • - Misconduct.

This policy applies to everyone working at Sample and Partners, including Partners and staff.

As equal opportunity employers, Sample and Partners and its service entities require all Partners and staff to conform to proper standards of professional and business behaviour. Lawyers and their employees must demonstrate compliance with the law, including laws relevant to employment and workplace issues.

All employees have the right to feel safe in their place of work. No person inside or outside the organisation is to be mistreated, discriminated against, harassed or abused on any grounds whatsoever including race, religion or gender. Sample and Partners, as well as an individual, may be legally responsible for such behaviours in the workplace or in connection with employment. State and Federal legislation refers to a broad range of behaviours across a wide spectrum, including behaviours such as bullying, discrimination and sexual harassment.

Sample and Partners is committed to providing a workplace that is free from inappropriate behaviour. Bullying, harassment and discrimination will not be tolerated.

It is a condition of employment that all staff adhere to this policy. A breach will result in disciplinary action commensurate with the conduct and may include summary dismissal if the conduct is sufficiently serious.

All staff should expect that this policy will be strictly enforced.

Sample and Partners aims to:

  • - Create a working environment which is free from harassment and where everyone is treated with dignity, courtesy and respect;
  • - Raise awareness to ensure that all employees know their rights and responsibilities;
  • - Provide effective procedures for dealing with complaints based on the principles of natural justice;
  • - Treat all complaints in a sensitive, fair, timely and confidential manner;
  • - Ensure protection from any victimisation or reprisals;
  • - Encourage the reporting of behaviour which breaches this policy; and
  • - Promote appropriate standards of conduct at all times.

DISCRIMINATION

Broadly speaking, discrimination is any behaviour which involves making distinctions between individuals or groups so as to disadvantage some or advantage others. Discrimination can be either direct or indirect. Direct discrimination occurs when a person is treated less favourably than another person because of one of their personal characteristics. Indirect discrimination occurs when an unreasonable rule or practice exits which on the face of it appears neutral, but with which persons with particular characteristics (race, sex, religion and other matters covered by legislation) likely cannot comply.

Under federal and state anti-discrimination laws, discrimination in employment is prohibited in respect of the following identified attributes:

  • - Sex.
  • - Marital Status.
  • - Pregnancy.
  • - Parental Status.
  • - Age.
  • - Race.
  • - Impairment.
  • - Religion.
  • - Political belief or activity.
  • - Trade Union activity.
  • - Lawful sexual activity including sexual orientation.
  • - Association with or in relation to a person with any of the above attributes.

Discrimination may include the following behaviours:

  • - Offensive "jokes" or comments about another person's racial or ethnic background, sex, sexual preference, age, disability or physical appearance;
  • - Expressing negative stereotypes of particular groups, eg "married women shouldn't be working"; "that's something men (or women) do";
  • - Judging someone on their political or religious beliefs rather than their work performance;
  • - Using stereotypes to guide decision-making about a person's career or work assignments;
  • - Commenting on a pregnant woman's size or asking if a pregnant woman "really" is going to return to work.

WORKPLACE HARASSMENT

Workplace harassment occurs when a person is subjected to repeated behaviour, other than behaviour amounting to sexual harassment, by another person that:

  • - is unwelcome and unsolicited; and
  • - the subject considers to be offensive, intimidating, humiliating or threatening; and
  • - a reasonable person would consider to be offensive, intimidating, humiliating, or threatening.

Harassing behaviours can range from subtle intimidation to more obviously aggressive conduct. Some examples of behaviours that may be regarded as workplace harassment if the behaviour is repeated or occurs as part of a pattern of behaviour include:

  • - abusing a person loudly, usually when others are present;
  • - repeated threats of dismissal or other severe punishment for no or no adequate reason;
  • - ridicule and put downs;
  • - persistent and unjustified criticisms often about petty irrelevant or insignificant matters;
  • - sabotaging a person's work performance by withholding work, related information or resources, or supplying incorrect information;
  • - maliciously excluding and isolating a person from normal work interaction;
  • - spreading gossip or false or malicious rumours about a person with an intent to cause the person harm; and
  • - touching or approaching a person to intimidate or cause fear to that person.

There are bound to be occasional differences of opinion, conflicts and problems in working relationships as that is part of working life. Harassment occurs through repeated incidents or because of the constant nature of the behaviour or when an established pattern of behaviour occurs. It may involve a series of diverse incidents, however workplace harassment generally does not relate to an individual or isolated incident.

Where the workplace behaviour is repeated, unwelcomed, unsolicited and offends, intimidates or threatens a person, then steps will be taken by Management to deal with the problem.

Legitimate and reasonable management actions and business processes will not amount to workplace harassment even if a person may be upset or personally offended by the action or process.

SEXUAL HARASSMENT

Sexual harassment is against the law and Sample and Partners has a legal responsibility to prevent sexual harassment in our workplace. Under relevant legislation, legal action may be taken against both individuals and employers.

Sexual harassment may include any form of unwelcome attention of a sexual nature that is humiliating, intimidating or offensive. Sexual harassment can be experienced by both women and men.

Your private life is your own business, however sexual harassment in the office is the Organisation's business. This policy is not about Management interfering in the personal lives of staff, or taking the enjoyment out of work. Behaviour which is acceptable privately or socially may be totally inappropriate in a work environment, regardless of any "innocent intent" on the part of the offender. This policy is about providing a professional working environment.

A person may sexually harass another person by:

  • - Making an unwelcome sexual advance;
  • - Making an unwelcome request for sexual favours;
  • - Engaging in other unwelcome conduct of a sexual nature;
  • - Behaviour which a reasonable person, having regard to all the circumstances, would anticipate may offend, humiliate or intimidated the person who is the subject of the behaviour;
  • - Uninvited physical touching, including deliberate and unnecessary physical contact, such as patting, pinching, fondling or deliberately brushing against another body;
  • - Leering or staring at a person's body;
  • - Displays of sexually graphic material;
  • - Repeated invitations for drinks or dates, especially after prior refusal;
  • - "Humour" such as smutty jokes, or sexually suggestive pictures through the Organisation email system (which is also prohibited under the organisation Computer System and Network Usage Policy); or
  • - Intrusive enquires into a person's private life or in reference to a person's sexuality or physical appearance.

Sexual harassment can involve a series of incidents or it can be a one-off occurrence. Whilst a single or an isolated occurrence of some behaviour may appear relatively minor, when continued especially over an extended period, the behaviour can become wearing and stressful.

Sexual harassment is not b ehaviour which is based on mutual attraction, friendship and respect. Sexual harassment is not the occasional compliment and is not mutual sexual attraction and flirtation. If the interaction is consensual, welcome and reciprocated it is not sexual harassment. Mutually acceptable friendships which develop between people who meet at work have nothing to do with sexual harassment.

MISCONDUCT

When misconduct at work (including at work related events) affects another person, or the Organisation, it becomes the Organisation's business. The affected person may have remedies outside of the Organisation. When the misconduct involves alleged criminal conduct, Management reserves the right to refer the matter to the police to be dealt with appropriately.

In addition to any outside response, the Organisation will respond to the misconduct according to the gravity of the situation. In the case of serious misconduct by an employee disciplinary action may include summary dismissal.

Serious misconduct at work or work related events includes, but is not limited to the following:

  • - discrimination, workplace and sexual harassment;
  • - theft or unauthorised use or removal from the premises, of any Organisation property;
  • - fighting;
  • - destruction of Organisation property;
  • - falsifying records;
  • - mistreatment of clients or visitors;
  • - unauthorised possession of weapons;
  • - possession, use, sale or purchase of un-prescribed drugs;
  • - working under the influence of alcohol or illegal drugs;
  • - insubordinate or inappropriate behaviour, including disobeying a lawful direction;
  • - accessing confidential information not relevant to the employee, or disclosure of confidential information to unauthorised persons; and
  • - wilful neglect of assigned duties.

Responsibility

Management is responsible to:

  • - Monitor the working environment to ensure that acceptable standards of conduct are observed at all times;
  • - Model appropriate behaviours themselves;
  • - Promote this policy within their work areas;
  • - Treat all complaints seriously and take immediate action to ensure complaints are investigated and resolved.

All staff have a responsibility to:

  • - Comply with this policy and ensure they do not discriminate against or harass other employees or clients;
  • - Offer support to anyone who is being harassed;
  • - Maintain complete confidentially if asked to provide information during a complaint investigation. Spreading gossip or rumours may expose employees to other consequences, and even a defamation action;
  • - Take action, if practicable, to stop discrimination or harassment when they see it happening or report such conduct to Management.

If you have a genuine concern that you are suffering unlawful conduct in the workplace, Management at Sample and Partners will work with you to resolve your concerns. All staff are encouraged to raise issues or concerns with Management.

There are informal and formal procedures in place to deal with complaints by staff. Once a complaint is raised it will be taken seriously and the person receiving the complaint or query will listen and act on it.

Complaints Procedures

Any complaints or queries should be taken to the following:

  • - In respect of all staff, contractors and managers, to Director Corporate Services.
    Ph: 07 3217 7244
    Fax: 07 3217 8499
  • - In respect of Director, Corporate Services, to Managing Director

Complaints will be handled as follows:

  • - Once raised a complaint will be taken seriously;
  • - The person receiving the complaint or query must listen to the complaint and act on it;
  • - A response will be strictly in accordance with the gravity of the matter and may involve an investigation by the person receiving the complaint, or, depending on the circumstances, another person appointed as the investigator of the complaint;
  • - Typically, complaints will be dealt with internally but the organisation may involve an external person to investigate a complaint if that is considered more appropriate in all the circumstances;
  • - The proposed course of action and options will be discussed with the complainant (eg from "do nothing", have a face to face meeting with the alleged offender, sanction of the offender by the organisation, or take outside legal action);
  • - Confidentiality will be assured, subject to the obvious limitations and requirements involved given that it will be necessary to properly investigate and respond to the matter. In other words there will be confidentiality subject to the reality that an investigation must be made which will necessarily mean that questions are asked and information will be gathered; and
  • - To the extent that protection of privacy and personal interests can be given it will be and other persons will only be made aware of a complaint on a need to know basis. Even Management staff will not be informed of or be involved in a complaint which does not concern them directly at this stage.

Response

  1. - If evidence of a breach is established the person about whom the complaint has been made will be told and will be invited to respond.
  2. - It is not an answer to complaints that the offender treats all persons the same way.
  3. - The extent to which a complaint is pursued will depend upon the complainant's circumstances and requirements, at least initially. However, once a complaint is made the organisation will act upon it and the offender may be dealt with according to law and the gravity of the situation (which may not necessarily simply accord with the requests of the complainant).

Complaints procedures have the following features:

  • - Confidentiality. Only the people directly involved in investigating or resolving a complaint will have access to information about the complaint. All those involved in a complaint procedure must observe and maintain confidentiality at all times unless and until the complaint or the outcome of the procedure is disclosed by the person/s handling the complaint in compliance with this policy. In most cases, there will be no such disclosure meaning the complaint and the procedures in response to the complaint will remain confidential.
  • - Impartiality. Both parties will have a chance to tell their side of the story. No assumptions will be made and no action will be taken until all relevant information has been collected and considered.
  • - Without repercussions. No action will be taken against anyone for making or helping someone to make a genuine (not a malicious) complaint. The Organisation will take all reasonable steps to ensure that anyone making a complaint is not victimised.
  • - Promptness. Complaints will be dealt with as quickly as possible. Every effort will be made to investigate the matter within forty-eight (48) hours of a complaint being lodged. More complex investigations may take longer.

Informal Resolution Procedure

A person who experiences bullying, harassment or discrimination, should make it immediately clear to the person whose behaviour is considered offensive, that such behaviour is unwelcome. If the person has difficulty attempting to resolve the matter in this manner, he or she can write a note stating that he or she finds the harassing behaviour unacceptable and that the unacceptable behaviour must stop.

An individual may choose to informally discuss his or her concerns with a representative from Management. Informal procedures emphasise resolution rather than factual proof or substantiation of a complaint. This approach allows for Management to provide information on Organisation policies and appropriate workplace procedures, and provide support to the employee if he or she wishes to approach the other party to address the behaviour in question.

Alternatively the employee may request that a Management staff member informally approach the other party on his or her behalf to explore a response and seek a mutually agreed outcome which is fair and equitable. Notes will be taken as the complaint proceeds and will be stored confidentially by the person dealing with the request.

Informal action is usually appropriate where the allegations are of a less serious nature but the individual subjected to the behaviour wants it to cease. The person subjected to the behaviour may wish to pursue an informal resolution, particularly if the parties are likely to have ongoing contact with one another, so that the working relationship can be sustained.

A complainant is not required to exhaust informal procedures in order to lodge a formal complaint. Furthermore, after discussion, the allegation may be considered sufficiently serious by Management to warrant a formal investigation.

Formal Resolution Procedures

Formal procedures focus on proving whether or not a complaint is substantiated. Formal procedures are usually appropriate where informal attempts at resolution have failed or the complaint involves serious allegations of misconduct.

If a member of staff formally requests assistance from Management the matter will be given immediate attention and the alleged incident formally investigated. The investigation and resolution procedure is aimed at producing an efficient solution involving a minimum number of people. It emphasises positive outcomes and focuses on resolutions that work toward a rapid re-establishment of good working relationships.

If either party is concerned that the person investigating the matter is unable to handle the complaint impartially, then either party may request an external investigator be appointed. Any investigator appointed will talk to all parties involved in a confidential and sensitive manner.

Formal Investigation

A representative from Management (or an external investigator) will interview the complainant about the allegations and will make detailed notes of the matter and then interview the respondent advising him or her of the allegations and give the opportunity to respond fully.

If the respondent admits that the behaviour has occurred, then options will be offered to the complainant for the resolution of the matter. In many cases the matter may be resolved by an apology and an undertaking not to repeat the behaviour.

If the matter is not resolved at this stage, then following the initial interviews of each party, the investigator will:

  • - Interview any witnesses nominated by either party;
  • - Interview any other persons with information believed relevant to the complaint;
  • - Make a finding based on the balance of probabilities;
  • - Present that finding to the appropriate person in Management and make recommendations as to the outcome (eg conciliation may be deemed an appropriate outcome);
  • - Resolve the outcome to be acted upon with Management;
  • - Inform the parties of the findings of the investigation and outcome;
  • - Invite all parties to approach them with any ongoing or new concerns;
  • - Inform any relevant team leader or supervisor of any action he or she is required to implement;
  • - Monitor the investigation outcome on a regular basis for evidence of resolution and compliance until satisfied.
  • - here the complaint cannot be substantiated (that is, it cannot be confirmed that the behaviour did happen), both parties will be informed of this in writing. The complainant may, if dissatisfied with the decision, elect to lodge a complaint with an external body. Ongoing work arrangements will be carefully considered to deal with the parties' concerns.

Where the complaint is substantiated, a response will be in accordance with the gravity of the matter, the weight of the evidence, the wishes of the respondent and whether there have been any prior incidents or warning and may include:

  • - Counselling;
  • - The respondent being asked to make either a public or private written formal apology;
  • - An official warning to the respondent to be noted on his or her file;
  • - The complainant being transferred out of the environment in which the unlawful conduct occurred with no employment disadvantage;
  • - The respondent being dismissed.

Depending on the outcome, appropriate persons in the organisation will be informed of the complaint and the outcome to the extent required to resolve the matter. If it is not necessary to do so, a report will not be made on the matter to Partners and Management staff not involved in the complaint process or its resolution.

Gossip and False Accusations

These procedures are designed to ensure that details of complaints remain strictly confidential to the individuals involved and those with a formal role in the complaint process.

Only those with a genuine role in resolving complaints are allowed to know the details or discuss them. A breach of this guideline will result in disciplinary action.

Anyone found to use this policy to "frame" or "get at" another person will face disciplinary action.

Failure to comply with this policy will result in counselling and disciplinary action.

If you have any queries in relation to this policy, please contact Management.

© GMS Group (QLD) Pty Ltd 2007