Wotton + Kearney's Policy

Wotton + Kearney is committed to providing a safe working environment which is fair and free from discrimination, harassment and bullying. All workers, directors, and other people with whom we come into contact as part of our work, will be treated professionally, fairly, and always with respect.

Decisions regarding:

• advertising, job descriptions, and selection procedures
• conditions of employment and pay
• training opportunities
• rostering and allocating of work
• performance management and termination procedures
• promotion opportunities

will be done on the basis of merit and the inherent requirements of the job and reasonable operational requirements. Employees will not be disadvantaged because of personal characteristics, or assumed personal characteristics which are irrelevant for their role.

Where employees have a disability, Wotton + Kearney will seek to take all reasonably practicable measures to accommodate the disability and to enable the employee to perform their role.

Unlawful Discrimination

Anti-discrimination laws at federal and state/territory level and the Fair Work Act 2009 (Cth) are designed to ensure that people are treated fairly and not disadvantaged on the basis of protected attributes, by making certain types of discrimination unlawful in the workplace. The following areas are protected by anti-discrimination laws:

• accommodation status
• age
• breastfeeding
• current or past employment or engagement in sex work
• disability
• employment status
• family or carer responsibilities
• a person experiencing or having experienced family and domestic violence or abuse
• gender identity
• HIV/hepatitis status
• intersex status
• irrelevant criminal records
• language, including sign language
• marital or relationship status
• medical history
• membership of any lawful organisations
• nationality
• parental status
• physical features
• political opinion, affiliation or activity
• pregnancy
• race
• religion
• sex
• sex characteristics
• sexual orientation
• social origin
• trade union or employer association activity.

Unlawful discrimination also covers the situation where a person is assumed to possess personal characteristics which are in the protect attributes listed above or are assumed to possess those characteristics sometime in the future (for example pregnancy). It may also cover situations where a family member of, or someone associated with, the employee may be assumed to possess those characteristics.

Direct and Indirect Unlawful Discrimination

Unlawful discrimination can occur:

• Directly: when a person or group is treated less favourably because of a personal characteristic protected by law, for example a worker is refused a 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, for example providing training opportunities only to full-time staff, thereby excluding employees who are working part time due to their carer responsibilities.

What is Not Unlawful Discrimination?

It is not unlawful to discriminate against a person on the basis of their being in one of the protected categories, provided it is based on a reasonable requirement of the job or operation.

Response Procedure

If you believe you have been the subject of discrimination, you should take prompt action in accordance with the procedures set out in What to Do if You Have Been Discriminated Against, Harassed or Bullied.

Managers' and Supervisors' Responsibilities

Managers and supervisors are responsible for ensuring that employees are treated fairly and with respect, and in particular:

• model appropriate standards of behaviour
• make decisions based on merit and not take into account unlawful grounds of discrimination
• 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 for investigation
• ensure staff who raise an issue or make a complaint are supported and not victimised.

Workers' and Directors' Responsibilities

All workers and directors:

• are expected to treat all workers including apprentices, volunteers and interns, directors, clients, suppliers, contractors, and any other person in the course of their work, fairly, professionally and with respect
• are expected to avoid making decisions based on unlawful grounds of discrimination
• are encouraged to report any discrimination they have witnessed in the workplace to the People + Culture Director.

Implementation

This Policy is implemented through a combination of:

• staff training
• effective incident notification procedures
• initiation of corrective actions where necessary.

Breach of Policy

Where a staff member breaches this Policy, Wotton + Kearney will take disciplinary action, including in the case of serious breaches, summary dismissal. A breach of this Policy includes conduct by a staff member which causes, instructs, induces, aids or permits any harassment or unlawful discrimination. Engaging in unlawful discrimination or harassment may result in legal action being taken against the perpetrator and Wotton + Kearney.