COMPANY
POLICY

Workplace discrimination and harassment 

Policy brief and purpose 

Ten Farms is committed to providing a safe, flexible and respectful environment for staff and clients free from all forms of discrimination, bullying and sexual harassment.  

All Ten Farms staff are required to treat others with dignity, courtesy and respect. 

By effectively implementing our Workplace discrimination and harassment policy we will attract and retain talented staff and create a positive environment for staff. 

Scope 

This policy applies to: 

all staff, including managers and supervisors; full-time, part-time or casual, temporary or permanent staff; job candidates; student placements, apprentices, contractors, sub-contractors and volunteers 

how Ten Farms provides services to clients and how it interacts with other members of the public 

all aspects of employment, recruitment and selection; conditions and benefits; training and promotion; task allocation; shifts; hours; leave arrangements; workload; equipment and transport 

on-site, off-site or after-hours work; work-related social functions; conferences – wherever and whenever staff may be as a result of their Ten Farms duties 

staff treatment of other staff, of clients, and of other members of the public encountered in the course of their Ten Farms duties. 

Policy Elements 

Staff rights and responsibilities 

All staff are entitled to: 

recruitment and selection decisions based on merit and not affected by irrelevant personal characteristics 

work free from discrimination, bullying and sexual harassment 

the right to raise issues or to make an enquiry or complaint in a reasonable and respectful manner without being victimised 

reasonable flexibility in working arrangements, especially where needed to accommodate their family responsibilities, disability, religious beliefs or culture. 

All staff must: 

follow the standards of behaviour outlined in this policy 

offer support to people who experience discrimination, bullying or sexual harassment, including providing information about how to make a complaint 

avoid gossip and respect the confidentiality of complaint resolution procedures 

treat everyone with dignity, courtesy and respect. 

Additional responsibilities of managers and supervisors 

Managers and supervisors must also: 

model appropriate standards of behaviour 

take steps to educate and make staff aware of their obligations under this policy and the law 

intervene quickly and appropriately when they become aware of inappropriate behaviour 

act fairly to resolve issues and enforce workplace behavioural standards, making sure relevant parties are heard 

help staff resolve complaints informally 

refer formal complaints about breaches of this policy to the appropriate complaint handling officer for investigation 

ensure staff who raise an issue or make a complaint are not victimised 

ensure that recruitment decisions are based on merit and that no discriminatory requests for information are made 

seriously consider requests for flexible work arrangements. 

Unacceptable workplace conduct 

Discrimination, bullying and sexual harassment are unacceptable at Ten Farms and are unlawful under the following legislation: 

Sex Discrimination Act 1984 (Cth) 

Racial Discrimination Act 1975 (Cth) 

Disability Discrimination Act 1992 (Cth) 

Age Discrimination Act 2004 (Cth) 

Australian Human Rights Commission Act 1986 (Cth).  

Staff (including managers) found to have engaged in such conduct might be counselled, warned or disciplined. Severe or repeated breaches can lead to formal discipline up to and including dismissal. 

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. 

Discrimination can occur: 

Directly, when a person or group is treated less favourably than another person or group in a similar situation because of a personal characteristic protected by law (see list below). 

For example, a worker is harassed and humiliated because of their race 

or 

A worker is refused promotion because they are ‘too old’ 

Indirectly, when an unreasonable requirement, condition or practice is imposed that has, or is likely to have, the effect of disadvantaging people with a personal characteristic protected by law (see list below). 

For example, redundancy is decided based on people who have had a worker’s compensation claim rather than on merit. 

Protected personal characteristics under Federal discrimination law include: 

a disability, disease or injury, including work-related injury 

parental status or status as a carer, for example, because they are responsible for caring for children or other family members 

race, colour, descent, national origin, or ethnic background 

age, whether young or old, or because of age in general 

sex 

industrial activity, including being a member of an industrial organisation like a trade union or taking part in industrial activity, or deciding not to join a union 

religion 

pregnancy and breastfeeding  

sexual orientation, intersex status or gender identity, including gay, lesbian, bisexual, transsexual, transgender, queer and heterosexual  

marital status, whether married, divorced, unmarried or in a de facto relationship or same sex relationship 

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 personal characteristic or may have it at some time in the future. 

Bullying 

If someone is being bullied because of a personal characteristic protected by equal opportunity law, it is a form of discrimination. 

Bullying can take many forms, including jokes, teasing, nicknames, emails, pictures, text messages, social isolation or ignoring people, or unfair work practices.  

Under Federal law, this behaviour does not have to be repeated to be discrimination – it may be a one-off event. 

Behaviours that may constitute bullying include: 

sarcasm and other forms of demeaning language 

threats, abuse or shouting 

coercion 

isolation 

inappropriate blaming 

ganging up 

constant unconstructive criticism 

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. 

Bullying is unacceptable in Ten Farms and may also be against occupational health and safety law. 

Sexual harassment  

Sexual harassment is a specific and serious form of harassment. It is unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, spoken or written. It can include: 

comments about a person’s private life or the way they look 

sexually suggestive behaviour, such as leering or staring 

brushing up against someone, touching, fondling or hugging 

sexually suggestive comments or jokes 

displaying offensive screen savers, photos, calendars or objects 

repeated unwanted requests to go out 

requests for sex 

sexually explicit posts on social networking sites 

insults or taunts of a sexual nature 

intrusive questions or statements about a person’s private life 

sending sexually explicit emails or text messages 

inappropriate advances on social networking sites 

accessing sexually explicit internet sites 

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, it does not mean that they are consenting to the behaviour. 

Sexual harassment is covered in the workplace when it happens at work, at work-related events, between people sharing the same workplace, or between colleagues outside of work. 

All staff and volunteers have the same rights and responsibilities in relation to sexual harassment. 

A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated. 

All incidents of sexual harassment – no matter how large or small or who is involved – require employers and managers to respond quickly and appropriately. 

Ten Farms recognises that comments and behaviour that do not offend one person can offend another. This policy requires all staff and volunteers to respect other people’s limits. 

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, sexual harassment or victimisation. Victimisation is against the law. 

It is also victimisation to threaten someone (such as a witness) who may be involved in investigating an equal opportunity concern or complaint. 

Victimisation is a very serious breach of this policy and is likely (depending on the severity and circumstances) to result in formal discipline against the perpetrator. 

Ten Farms has a zero-tolerance approach to victimisation.  

Gossip 

It is unacceptable for staff at Ten Farms to talk with other staff members, clients or suppliers about any complaint of discrimination or harassment.  

Breaching the confidentiality of a formal complaint 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 discipline. 

Merit at Ten Farms 

All recruitment and job selection decisions at Ten Farms will be based on merit – the skills and abilities of the candidate as measured against the inherent requirements of the position – regardless of personal characteristics. 

It is unacceptable and may be against the law to ask job candidates questions, or to in any other way seek information, about their personal characteristics, unless this can be shown to be directly relevant to a genuine requirement of the position. 

Resolving issues at Ten Farms 

Ten Farms strongly encourages any staff member who believes they have been discriminated against, bullied, sexually harassed or victimised to take appropriate action by talking to their Manager or the Director who will follow up and address the issue.  

Staff who do not feel safe or confident to take such action may seek assistance from their manager or Director for advice and support or action their behalf.  

More information 

If you have a query about this policy or need more information, please contact  

– Stephanie Holman 0409 846 822 or David Holman 0499 594 542 

Disciplinary Action 

Policy brief and purpose 

Our Disciplinary Action company policy explains how we address our employees’ misconduct or inadequate performance. Employees must be aware of the consequences of their actions. We use this policy to outline our disciplinary procedure.  

Scope 

This policy applies to all our employees.  

Policy Elements 

The stages that may be followed when discipline is deemed necessary include the following: 

1. Verbal warning 

1. Corrective Actions 

1. Official written reprimand 

1. Disciplinary meeting with appropriate supervisor or manager 

1. Final written warning 

1. Indefinite suspension or demotion 

1. Termination 

The nature of the offense must be explained to the employee from the beginning of the procedure. The verbal warning may take the form of a simple oral reprimand but also a full discussion if that is necessary. 

The employee must read and sign the written reprimand and final written warning. These documents include the time limit in which an employee must correct their conduct before we take further disciplinary action. 

The following scenarios indicate where the disciplinary procedure starts depending on the violation: 

Performance issues. Disciplinary procedure starts at stage 1. It includes but is not limited to: 

Failure to meet performance objectives. 

Attendance issues. 

Failure to meet deadlines. 

Misdemeanours/One-time minor offense. Disciplinary procedure starts at stage 1. It includes but is not limited to: 

Rude behaviour to customers or partners. 

On-the-job minor mistakes. 

Breach of dress code/open door policy etc. 

Involuntary Discrimination. 

Misconduct/Frequent offender. Disciplinary procedure starts at stage 5. It includes but is not limited to: 

Lack of response to corrective actions. 

Lost temper in front of customers or partners. 

On-the-job major mistakes. 

Unwillingness to follow health and safety standards. 

Severe offensive behaviour/Felony. Disciplinary procedure starts at stage 6. It includes but is not limited to: 

Corruption/ Bribery. 

Breach of employment agreement. 

Harassment/ Voluntary discrimination. 

Workplace Violence. 

Embezzlement/Fraud. 

Substance Abuse. 

Managers or HR may choose to repeat stages of our disciplinary procedure as appropriate. This decision depends on employees’ reaction to our disciplinary procedure, whether they repent their behaviour and the nature of their offense. 

Our disciplinary procedure begins when there is enough evidence to justify it. When there is suspicion or hints of misconduct, managers or HR must investigate the matter first. 

Appeals are allowed and must be filed to the next line of management as soon as possible. 

HR and managers should document every stage of our disciplinary procedure (except the verbal warning.) If appropriate, include necessary information like evidence, testimonies and employee’s progress or improvement. 

We are obliged to refrain from disciplinary actions that may constitute retaliatory behaviour. A no retaliation company policy will always be effective to ensure there is no misuse of our disciplinary procedure. 

We have the right to modify this policy or act in any other legal or reasonable way as each case demands. But we will always enforce discipline in a fair and lawful manner.