EEO and Respectful Workplace Behaviour Policy

Policy Owner and Effective Date

People and Culture
Effective Date: 31 July 2024
Version 1

Purpose

To confirm expectations of all workers in relation to equal employment opportunity, discrimination, harassment (including sexual harassment and sex-based harassment), bullying and other forms of unlawful, inappropriate behaviour (e.g. victimisation).

Scope

This policy applies to all employees, directors, contractors and labour hire workers, apprentices, trainees and volunteers collectively called Workers. This policy applies to all behaviour of Workers in connection with work or working relationships, including behaviour:

in the workplace (whether during or outside of normal working hours);
when at work, including when working online (such as over emails and MS Teams), and while working offsite or from home;
at work-related events (eg client functions, work-related social functions and conferences);
when interacting with other Workers, including when not at work (including on social media, whether during or outside of normal working hours); and
when interacting with third parties (such as clients) where that interaction occurs in connection with work.

1. Policy Statement

TEG Pty Ltd (TEG) aims to provide an inclusive, respectful safe and healthy work environment which promotes good working relationships free from discrimination, bullying and harassment. All Workers should be treated fairly, with dignity and respect. TEG supports equal employment opportunity and aims to ensure all employment decisions are based on merit, and free from bias. Harassment (including sexual harassment and sex-based harassment), discrimination and victimisation are unlawful. They are also unacceptable under TEG policy and will not be tolerated. TEG recognises that sex discrimination, sexual harassment, sex-based harassment, and conduct that creates a hostile workplace environment on the ground of sex, are driven by gender inequality. TEG is committed to ensuring equality of opportunity for people when at work regardless of gender. TEG also recognises that it has a legal duty under the Sex Discrimination Act 1984 (Cth) to eliminate sex discrimination, sexual harassment, sex-based harassment, conduct creating a hostile workplace environment on the ground of sex, and related acts of victimisation, as far as possible. This is known as a ‘positive duty’. All Workers also have an obligation under work health and safety laws to take reasonable care to ensure that their acts or omissions do not adversely affect the health and safety of other persons. This includes other Workers, as well as third parties with whom they come into contact when at work.

2. Responsibilities

(a) All Workers must:

Treat each other and anyone else they interact with in connection with their work for TEG with respect and courtesy.
Understand that they have the legal responsibility to prevent discrimination, bullying, harassment and vilification from occurring.
Take reasonable care of their own health and safety, as well as that of others in TEG workplaces.
Ensure they do not engage in any conduct which may constitute bullying, sexual harassment and/or unlawful conduct towards other Workers, job applicants, visitors, people providing services to TEG, clients and any member of the public.
Ensure they do not aid, abet or encourage other persons to engage in bullying behaviour and/or unlawful conduct.
Report any bullying and/or unlawful conduct they see occurring to others in the workplace.
Follow TEG’s reporting procedure if they experience any unlawful conduct.
Maintain confidentiality if they are involved in the incident which has been reported during any investigation process.
Be aware that they can be held legally responsible for their unlawful conduct.

(b) Managers must:

Model appropriate standards of behaviour.
Make it clear that bullying, unlawful discrimination, harassment and victimisation will not be tolerated.
Promote and encourage a working environment that is safe, respectful and inclusive, and free from discrimination, harassment and victimisation.
Make sure that everyone they supervise is aware of their obligations under this policy and their responsibility to comply with it.
Ensure that the work environment is free of any offensive or demeaning material.
Contribute to a working environment that is fair, equitable and harassment-free.
Encourage Workers to intervene or report allegations of bullying, discrimination, harassment or victimisation if they witness or are told about it, if they feel safe to do so;
Ensure that those who wish to make a report or raise an issue related to bullying, discrimination, harassment or victimisation are supported.
Act promptly if they have reason to believe that bullying, discrimination, harassment or victimisation could be occurring (whether or not a report has been made), including taking appropriate steps to intervene when they witness inappropriate behaviour (where it is safe to do so).
Alert the People and Culture team as soon as possible if unlawful behaviour occurs.

Eliminate or minimise, as far as reasonably practicable, the risks to health and safety in the workplace. This duty includes the implementation of strategies to prevent workplace discrimination, bullying and harassment.
Educate Workers about this Policy.
Comply with legal obligations.

Workers may be liable at law for their actions if they engage in bullying, discrimination, harassment, victimisation or other unlawful conduct. Workers may also be liable if they cause, request, instruct, induce, encourage, aid, authorise, assist or permit someone to do these things. TEG may be required to share liability for a Worker’s actions because of the legal principle of vicarious liability, although this principle does not generally apply where the employer has taken all reasonable steps to prevent them from engaging in unlawful conduct.

3. Equal Employment Opportunity

Equal Employment Opportunity at TEG means a fair go for everyone at work. This is achieved by focusing on:

Building inclusive, diverse, respectful and responsive organisational cultures which enable access to equitable career opportunities.
Ensuring there is procedural fairness in all people and culture strategies, systems and practices.
Making decisions based on real business needs without regard to non-relevant criteria or distinctions.

4. Discrimination

What is unlawful discrimination? Unlawful discrimination means treating one person or group, or proposing to treat them, unfavorably causing them disadvantage, because of a personal characteristic protected by law, in certain circumstances. Australia has federal, state and territory law that prohibit discrimination – see section 17 below. The Fair Work Act 2009 (Cth) also prohibits discrimination in certain circumstances. These laws make discrimination unlawful on a variety of grounds (unlawful grounds) including based on a person’s:

Sex or sex characteristics;
race (including colour, nationality, descent, ethnic origin, ethno-religious origin or social origin origin);
sexual orientation, gender identity ( including gender expression and transgender status) or intersex status;
marital status or relationship status;
pregnancy, potential pregnancy or if they breastfeed (or express milk);
parent, family carer or kinship responsibilities;
age;
disability/impairment, including physical, mental and intellectual disability;
religious belief or activity;
political belief or activity;
service in the voluntary defence forces; or
other grounds depending on the state or territory in which a person works.

Whether it is unlawful to discriminate against a person for one or more of these reasons will depend on the circumstances, and applicable legislation. Discrimination can occur in the recruitment process, during the course of employment or upon termination of employment. Discrimination can also occur in the provision of goods and services. Workers must not discriminate against other Workers, customers or any other person they come into contact with, in connection with their work. Discrimination can be direct or indirect. Direct discrimination occurs where someone is treated less favourably because of their sex, age or race or other unlawful ground. For example, if an employee misses out on an internal promotion because they are considered too old for the job, or not hiring a woman because she will not fit into a workplace with lots of men. Indirect discrimination occurs where a condition, requirement or practice (such as a rule or policy) is imposed or proposed, which may appear to treat everyone equally, but which has the effect of disadvantaging people because of their sex, age, race or another unlawful ground. Indirect discrimination is unlawful where the condition, requirement or practice is not reasonable in all the circumstances. For example, if a security company had height and weight requirements for all employees that had the effect of excluding a large proportion of women and which were not reasonable. There are exceptions from anti-discrimination law which may apply in some situations (e.g. because of the inherent requirements of a particular job).

5. Unlawful Harassment

Unlawful Harassment is a form of unlawful discrimination. In some cases, the law defines what constitutes unlawful harassment including sexual harassment and sex based harassment. In general terms, unlawful harassment is any form of behaviour that:

is unwelcome (not wanted) or uninvited (not asked for);
is reasonably likely to humiliate, offend or intimidate the person exposed to the conduct; and
is based on one or more unlawful grounds.

Unlawful harassment could be a one-off incident or a pattern of behaviour. Harassment will not be unlawful under anti-discrimination laws if it is not based on one of the unlawful grounds, but it may be bullying and a breach of work health and safety laws. Unlawful harassment can include but is not limited to:

sexual and sex-based harassment (see below);
verbal abuse or comments that degrade or stereotype people because of their race, sexual orientation, disability or another unlawful ground;
jokes based on race, sexual orientation, pregnancy, disability or another unlawful ground;
mimicking someone’s accent, or the habits of someone with a disability;
offensive gestures based on race, sexual orientation, pregnancy, disability or another unlawful ground;
ignoring or isolating a person or group because of their race, sexual orientation, pregnancy, disability or another unlawful ground; or displaying or sharing racist, pornographic or other offensive material (including electronically such as by email or on social media).

6. Sexual Harassment

Unlawful sexual harassment occurs where a person:

makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to another person; or
engages in other unwelcome conduct of a sexual nature in relation to the other person,

where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated. A person does not need to intend to engage in sexual harassment for it to be unlawful. Sexual harassment could be a one-off incident or a pattern of behaviour. It can happen in person, over the phone or online (including on social media) Examples of sexual harassment can include but is not limited to:

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.

Sexual harassment is unlawful under the Sex Discrimination Act 1984 (Cth), the Fair Work Act 2009 (Cth) and state and territory anti-discrimination laws – see section 17 below. Workers must not sexually harass other Workers, customers or any other person they come into contact with, in connection with their work (nor should Workers be sexually harassed). Mutual attraction between people is not sexual harassment. Conduct which is welcome or consensual is not unlawful, and friendships (sexual or otherwise) which develop between people who meet at work are a private concern provided they do not adversely impact on the workplace or create a conflict of interest. Workers should remember that even conduct which is welcome may not be appropriate in the workplace. If a Worker is unsure whether conduct is appropriate, they should speak to their manager or representative from the People and Culture team.

7. Unlawful sex-based harassment

Unlawful harassment on the ground of sex or ‘sex-based harassment’ occurs where:

a person engages in unwelcome conduct of a demeaning nature in relation to the person harassed;
the conduct occurs because of the sex of the person harassed (or a characteristic that generally relates to their sex or that is imputed to their sex); and
the conduct occurs where a reasonable person, in all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

Sex-based harassment is conduct that is ‘demeaning’ (such as degrading or putting down a person) because of a person’s sex, but not necessarily ‘sexual’ in nature. Sex-based harassment could be a one-off incident or a pattern of behaviour. It can happen in person, over the phone or online (including on social media). Unlawful sex-based harassment can include but is not limited to:

asking intrusive personal questions based on a person’s sex, including about their body or anatomy;
making sexist, misogynistic (prejudiced against women) or misandrist (prejudiced against men) remarks about a specific person;
making inappropriate comments and jokes to a person based on their sex, including about their appearance, gestures and voice (including comments made online); and
requesting a person to engage in degrading conduct based on their sex.

Sex-based harassment is unlawful under the Sex Discrimination Act 1984 (Cth) and state and territory anti-discrimination laws – see section 17 below. Workers must not harass other Workers, customers or any other person they come into contact with in connection with their work on the basis of their sex (nor should Workers be harassed on the basis of their sex).

8. Workplace environment that is hostile on the ground of sex

A person must not subject another person to a workplace environment that is hostile on the ground of sex. This obligation is not limited to physical workplaces – it can also apply in the context of online workplaces. A person engages in conduct that creates a hostile workplace environment for another person if:

the conduct occurs in a workplace where they or the other person or both work;
the other person is in the workplace at the same time as or after the conduct occurs; and
a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the conduct could result in the workplace environment being offensive, intimidating or humiliating to a person of the other person’s sex (or a characteristic that generally relates to their sex or that is imputed to their sex).

This type of conduct is not directed towards a particular person but results in a generally hostile environment. This sort of behaviour is often the precursor to sexual harassment. A person can engage in conduct that creates a hostile workplace environment for someone else, even if they did not intend to do so. It is also not necessary for a person to be actually offended, intimidated or humiliated by the conduct in order for it to be unlawful conduct creating a hostile workplace environment. Conduct that may create a hostile work environment can include but is not limited to the following conduct:

displaying obscene or pornographic materials;
sexual banter;
innuendo;
offensive jokes; and
casual sexism.

Conduct creating a hostile workplace environment on the ground of sex is unlawful under the Sex Discrimination Act 1984 (Cth).

9. Bullying

Bullying is defined as repeated and unreasonable behaviour directed towards a person, or a group of people, that creates a risk to health, safety and well-being. Bullying hampers productivity by creating dysfunction and damaging morale within work environments. It includes behaviour (generally a pattern of behaviour) that intimidates, offends, degrades or humiliates another person, including by electronic means such as email, notice boards, blogs and social networking websites. Examples of more obvious (direct) bullying are:

Abusive, insulting and offensive language, comments and gestures (e.g. threats, shouting).
Spreading misinformation or malicious rumours.
Behaviour or language that frightens, humiliates, belittles or degrades, including over criticising, or criticism that is delivered with yelling or screaming.
Displaying offensive material in person or via electronic means.
Sending offensive messages by text, email or other means.
Inappropriate comments about a person’s appearance, lifestyle, their family, disability or sexual preferences.
Teasing or regularly making someone the brunt of pranks or practical jokes.
Initiation activities.
Interfering with a person’s personal property or work equipment.

Examples of less obvious (indirect) bullying are:

Unreasonably overloading a person with work, or not providing enough work.
Ridiculing someone because of their accent or English-speaking ability.
Setting timeframes that are difficult to achieve, or constantly changing them.
Setting tasks that are unreasonably below, or above, a person’s skill level.
Deliberately excluding or isolating a person from normal work activities.
Withholding information that is necessary for effective work performance.
Deliberately denying access to resources or workplace benefit and entitlements, for example training, leave etc.
Deliberately changing work arrangements, such as rosters and leave, to inconvenience a worker/s.

The above examples do not represent a complete list of bullying behaviours. They are indicative of the type of behaviours which may constitute bullying and are therefore unacceptable at TEG. A person’s intention is irrelevant when determining if bullying has occurred. Bullying can occur unintentionally, where actions which are not intended to victimise, humiliate, undermine or threaten a person but have actually have that effect. TEG will take all reasonable steps to prevent bullying. Bullying is a breach of state work, health and safety legislation (see section 17).

10. Prevention

TEG takes a risk based approach to help us prevent equality related risks and work health and safety risks posed by the unlawful conduct covered by this Policy. This means that TEG in accordance with its risk management framework will:

regularly identify and assess the risk of unlawful conduct covered by this Policy occurring, as well as the impact that it might have on the health and safety of those affected;
implement effective control measures to address identified risks; and
regularly review control measures to ensure they remain effective and appropriate and make adjustments where required.

11. Bystanders

Bystanders play an important role in reducing risks to other’s health, safety and wellbeing at work. If a Worker becomes aware of discrimination, harassment or victimisation, by witnessing it or being told about it, they should intervene in a way they feel comfortable and safe. This may include:

redirecting the conversation;
separating the person engaging in the conduct from the situation before the circumstances escalate;
speaking up publicly to address the behaviour;
checking in with the person impacted and offering to help progress the matter;
encouraging the person engaging in the conduct to reflect on their behaviour and apologise; or
reporting the behaviour to their manager or HR representative.

Although permission of the person who has experienced the disrespectful behaviour is recommended before making a report to a senior leader, it is not always needed depending on the seriousness or unlawfulness or both of the behaviour.

12. What can a Worker do if they experience unlawful discrimination, harassment or bullying?

If a Worker experiences discrimination, harassment, bullying or other unlawful conduct, there is action which they can take that may resolve the problem, as well as action TEG can support Workers with. TEG understands that people will share their experience when they feel comfortable and that it may take time to process what has happened and feel ready to talk. Knowing about incidents and issues is helpful for TEG’s future efforts to prevent repeat and escalated incidents. (a) Internal options For example, if the Worker feels safe and comfortable, they may consider one of the following options:

they can tell the person that their behaviour is unacceptable and that it must stop. Maybe the other person is not aware that their behaviour is, for example, offensive, intimidating or unwelcome and will stop once they are told. It may be useful for the Worker to speak with their manager or HR representative in the first instance to seek guidance on how to do this;
they can raise the matter with someone who observed the behaviour and seek their help to speak to the person engaging in the conduct, or intervene; or
they can report the behaviour to their manager or People and Culture representative.

If the Worker wishes to make an anonymous complaint, they can do so by completing a form on the intranet. Please note that, if a Worker makes a complaint anonymously, TEG’s ability to respond to the complaint may be more limited. Workers are therefore encouraged to report the behaviour using their name, and TEG can then discuss with them what actions can be taken if the Worker chooses to make a formal report on an anonymous basis. (b) External bodies and contacts The Worker may wish to seek assistance from an external body or authority who can provide information about their options. Some of these external bodies include:

the Australian Human Rights Commission;
State-based Equal Opportunity Commissions;
State Workplace Health and Safety regulators; and
the Fair Work Commission.

There may be time limits for lodging a complaint with an external body. Conduct that is criminal in nature (such as sexual assault) can also be reported to Police.

13. What will happen if a Worker makes an internal report?

(a) TEG All reports will be treated seriously and generally in accordance with this Policy. The safety and wellbeing of the person reporting the behaviour is one of TEG’s key priorities. This means that TEG will approach each report in a way that is, so far as is reasonable, centered on the needs, values and preferences of the person making it, and which seeks to understand how the person may be impacted by trauma, to avoid further harm to them and to promote their health and wellbeing through its process. This does not mean always doing what an individual might request, but it does mean genuinely considering their wishes and the impact that TEG’s decisions may have on them. As each report will differ, TEG will determine the most appropriate method of dealing with the report. TEG’s approach may vary depending on the nature of the specific report and a number of other factors. Potential methods TEG may utilise include, putting systems in place to prevent further issues, education to a workplace participant, a senior leader or manager speaking to the person engaging in the conduct or supporting the Worker to do so, informal or facilitated discussions, mediation or an internal or external investigation. Steps that TEG may take include:

listening to the Workers concerns, talking with the Worker about their options to resolve the issues and where the Worker can get personal support;
letting the Worker know the likely steps that will be undertaken by TEG in relation to the report (including anticipated time frames);
where applicable:
- advising the person(s) who the report is about that the report has been made, about the report’s nature and seek their response;
- collecting any additional information TEG considers necessary to properly review the report;
- advising both the Worker and the person(s) what the report is about, of TEG’s response to the report and, if appropriate, any proposed action to be taken;
- advising the Worker and the person(s) what the report is about, who will be making the inquiries on TEG’s behalf and who will determine the outcome of the inquiries;
- advising both the Worker and the person(s) what the report is about and of any confidentiality obligations related to the report and any investigation or resolution process; and
- in some cases, appointing an external person to make inquiries related to, or to investigate, the report.

TEG will treat the matter as confidentially as possible but may need to speak to others to appropriately deal with the report. TEG will take whatever action it considers appropriate in the circumstances, having regard to this Policy. This may include disciplining or dismissing the person who engaged in the inappropriate conduct. Where a Once a matter is finalised, TEG will talk with the impacted parties about the way in which confidentiality may apply. (b) Workers If a Worker makes a report they are responsible for ensuring that they:

make the report honestly and in good faith; and
provide all facts relevant to the report.

If a Worker makes a report or is involved in a resolution process or investigation, they must keep all details of the matter confidential, while the resolution process or investigation is ongoing (except to receive professional counselling, support or advice).

14. Victimisation

A Worker must not victimise a person because they have made or propose to make a report, or provide information, about bullying, unlawful discrimination, harassment or a hostile working environment, or they have helped someone else to do so. Other people also must not victimise them for their involvement in any report. Victimisation means to subject, or threaten to subject, another person to any detriment. Victimisation can include but is not limited to:

ostracising or isolating someone because they have made a report (or helped someone else to do so);
demoting someone because they have made a report (or helped someone else to do so);
denying someone a promotion because they made a report (or helped someone else to do so);
dismissing someone from their employment because they made a report (or helped someone else to do so);
intimidating or threatening a person to stop them from making a report (or helping someone else to do so);
making disparaging comments to or about a person who has made a report (or helped someone else to do so);
encouraging others to treat a person who made a report (or helped someone else to do so) in a detrimental way.

It does not matter if the allegation is not pursued, or a formal report is not made. If a Worker believes that they are being victimised, they should raise the issue as soon as possible with their People and Culture representative or a member of the Senior Leadership Team. Victimisation is unlawful under the Sex Discrimination Act 1984 (Cth) and state and territory anti-discrimination laws – see section 17 below. Victimisation will not be tolerated and may result in disciplinary action being taken, up to and including termination of employment.

15. Support services

TEG has an Employee Assistance Program (EAP) with Converge International to provide free professional confidential counselling to Workers and their immediate family members. This can be particularly helpful for Workers involved in a complaint process. The EAP is a short-term intervention and it is not the role of the counsellor to make a judgement about whether discrimination, harassment, bullying or similar is occurring. Counselling can be provided in person or by phone/chat. To access the service, Workers can call 1300 687 327 (from Australia), 0800 666 367 (from New Zealand) or book an appointment on the website www.convergeinternational.com.au. This support is available regardless of whether a Worker chooses to report behaviour that they experience or witness. Other external support services include:

Lifeline Telephone Counselling and Support – 13 11 44
1800 RESPECT (1800 737 732) – Australia’s sexual assault, domestic and family violence counselling service
Beyond Blue (1300 224 636) – information and support to support mental health
Lifeline (13 11 14) – 24-hour support for emotional distress and suicide prevention
MensLine Australia (1300 789 978) – 24-hour telephone and online counselling service offering support for men.
Suicide Call Back Service (1300 659 467) – 24/7 telephone and online counselling to people affected by suicide.

16. Related documents, forms and tools

For more information or if you wish to provide feedback about the policy, Workers can contact the People and Culture Team, their manager or their manager’s manager (if appropriate). The following online training programs are related to this Policy and are available via the Kineo learning portal:

17. Relevant legislation

Key Federal, State and Territory legislation which makes it unlawful to engage in discrimination, harassment and/or victimisation is listed below:

Age Discrimination Act 2004 (Cth)
Disability Discrimination Act 1992 (Cth)
Racial Discrimination Act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)
Australian Human Right Commission Act 1986 (Cth)
Fair Work Act 2009 (Cth)
Workplace Gender Equality Act 2012 (Cth)
Discrimination Act 1991 (ACT); Anti-Discrimination Act 1977 (NSW); Anti-Discrimination Act 1992 (NT); Anti-Discrimination Act 1991 (Qld); Equal Opportunity Act 1984 (SA); Anti-Discrimination Act 1998 (Tas); Equal Opportunity Act 2010 (Vic) and Equal Opportunity Act 1984 (WA).

Key work, health and safety legislation includes the Work Health and Safety Act 2011 (NSW), Occupational Health and Safety Act 2004 (VIC), Work Health and Safety Act 2011 (Qld), Work Health and Safety Act 2011 (ACT), Work Health and Safety Act 2012 (SA), Work Health and Safety Act 2021 (WA), Work Health and Safety Act 2011 (Tas) and the Work Health and Safety Act 2011 (NT) and corresponding regulations.