Dignity and Respect in the Workplace Policy

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DRAFT DIGNITY AND RESPECT IN THE WORKPLACE POLICY

 
 
Policy Statement
 

ANYORG is committed to creating an environment for work which upholds the dignity and respect of the individual and which supports every individual’s right to work in an environment which is free from any form of harassment, intimidation or bullying.

 

 ANYORG recognises the right of every individual to such an environment and requires all members of staff and those working on behalf of ANYORG to recognise their responsibilities in this regard.

 Every person working in conjunction with ANYORG is entitled to be treated with dignity and respect by our employees. Equally, all persons working in conjunction with ANYORG are expected to support the principles of dignity and respect in relation to their work. 

 ANYORG is committed to equal opportunity of employment and all employment policies, procedures and practices at the company will be based on merit, qualifications and abilities. Employment and recruitment practices will not be influenced or affected by an employees' “race”, colour, religion, sex, marital status, nationality, family status, sexual orientation, disability, age or membership of the Traveller Community.

 

Dignity is about celebrating the individual differences and similarities that each person brings to the workplace. It is about providing a range of perspectives that contribute to solving problems and creativity. It is not solely about different nationalities or genders working together, but embraces a mixture of people in age, education, geographic origin, family status, type of work, cultures, religions, personal styles and sexual orientations.

 Scope of the Policy 

This policy applies to the behaviour of staff of ANYORG in all locations and situations, including:

 

·        The offices of ANYORG or any other place where staff are representing Kerry Volunteer Centre. 

·        At events such as social functions, conferences, meetings or work assignments which are related to Kerry Volunteer centre.

 

·        In writing, on the telephone, by e-mail or on the internet.

 

·        When working with and communicating with all members of the public.

 Responsibilities:

As a Board Member/Director/Supervisor, your responsibility is to: 

·        Be aware of the impact of your own conduct and be impartial in your dealings with staff;

·        Listen to complaints or instances of unacceptable behaviour and agree follow-up action with the complainant(s);

·        Take prompt action to stop unacceptable behaviour as soon as it is identified;

·        Be alert to the possibility that someone being subjected to unacceptable behaviour may feel reluctant to deal with the matter him/herself or seek assistance;

·        Ensure that any potentially offensive material is not displayed or circulated in the workplace;

 

·        Make clear to staff, including all new staff, that disrespectful behaviour is unacceptable and will not be tolerated by Kerry Volunteer Centre.

·        Follow and co-operate with this policy.

 

Supervisors are expected to make clear any aspects of performance that are unacceptable including unsatisfactory work performance.  All comments should be constructive and seek to improve performance.

 As an employee your responsibility is to: 
  • Be aware of your role in upholding dignity and respect at work;
  • Make sure your own behaviour does not cause offence or misunderstanding;
  • Be prepared to offer support to a colleague affected by this type of situation. This support must be constructive and not based on bias and/or taking sides.
  • Follow and co-operate with this policy.
  Definitions: 

Bullying is defined as behaviour of a physical, verbal or a psychological nature which is unwanted and unwelcome and which could reasonably be regarded as offensive.  The bully, intentionally or unintentionally, misuses the power of position, knowledge or personality to domineer, intimidate or humiliate others.

 

The following are common examples of bullying behaviour (this is not an exclusive list):

·        Open aggression, threats, shouting abuse or the use of obscenities.·        Frequent or repeated humiliation, sneering or ridicule.·        Unreasonable scrutiny or unreasonable demands.·        Taking credit for another person’s work.·        Undermining a person’s authority.           ·        Spreading rumours.                                 
    

Harassment is defined as “any act or conduct which is unwanted and unwelcome and which could reasonably be regarded as offensive, humiliating or intimidating on any of the following discriminatory grounds: gender, marital status, family status, sexual orientation, religion, age, disability, race or membership of the traveller community.”

 

The following are common examples of harassment (this is not an exclusive list):

·        Treating people less favourably or subjecting them to ridicule on any of the nine discriminatory grounds.·        Demeaning and derogatory remarks, name-calling.·        Isolation, non co-operation or exclusion within the workplace.·        Inappropriate comments on appearance.·        Unwarranted criticism of work performance.·        Undermining the authority of a colleague in the workplace.·        Production, display or circulation of offensive material.
          

Sexual Harassment is defined as “unwanted and unwelcome conduct which could reasonably be regarded as sexually or otherwise on the gender ground, offensive, humiliating or intimidating.”  Sexual Harassment undermines the dignity of the recipient, and adversely affects work performance.

 

The following are common but not exclusive examples of sexual harassment:

·        Sexually suggestive jokes or comments.·        Innuendo or jokes about a person’s sexual orientation.·        Insults or inappropriate questions about one’s private life.·        Display of offensive material.·        Leering, offensive gestures or whistling.·        Groping, patting or unnecessary touching.·        Suggestions that sexual favours may further someone’s career, or that refusal may damage it.
 

Racial Harassment is defined as unwanted or unwelcome conduct based on a person’s race which is offensive to the recipient and which might threaten a person’s security or create a stressful, hostile or intimidating work environment.

 

Harassment on the grounds of race may include:

·        Verbal harassment: offensive jokes or remarks about a person’s race or ethnic origin (including membership of the traveller community), ridicule or assumptions based on racial stereotypes;·        Visual harassment: production, display or circulation of materials offensive to particular racial or ethnic groups, such as cartoons or racial propaganda.

·        Physical harassment: physical assault, threats of physical assault.

 
Lack of Respect can be shown by direct comments, sarcasm, snide remarks, inappropriate jokes or banter directed towards a colleague. It can also arise where colleagues are ignored, overlooked, avoided or shunned and in a manner likely to be hurtful or disrespectful. Jokes or comments directed at or referring to a colleague could be thought amusing by others but unpleasant, uncomfortable or hurtful to that colleague. Respect should be shown to all colleagues. Respect is also earned. By showing respect to others and honouring their personal dignity, a person will earn their respect.
What To Do If You Feel You Are Not Being Treated with Dignity And Respect

As part of the commitment to an environment, which upholds dignity and respect, the ANYORGhas a number of resources available to those who feel that they are the subject of bullying and harassment and has established procedures to deal with informal and formal complaints. As a general rule an attempt should be made to address the complaints/allegations as informally as possible by means of an agreed informal procedure (detailed below). The objective of this approach is to resolve the difficulty withy the minimum of conflict and stress for the individuals involved and for the organisation.

 

Informal processes:

 While the organisation acknowledges that this may be difficult it does encourage that if you feel you are being harassed or bullied you should, in the first instance, endeavour to make it clear to the person, or persons, causing offence that such behaviour towards you is offensive and unacceptable. The person concerned may not have realised that nature or effect of what they were doing or had done.  

·        Keep a record of incidents so that you can be specific about the behaviour or actions which are causing offence.  If such behaviour is having an adverse effect on your work, point this out to them and ask them to stop.

 

·        If speaking to the person fails, or if it proves too difficult to do, there are other sources of help available to you.  You may still wish to take an informal approach to resolve the problem with the minimum of conflict.

 

·        If you are a member of a Trade Union, you may want to contact them for advice.

 

 Structured Informal procedure: 

·        You need to inform the Co-ordinator. The Co-ordinator may ask you to detail the complaint in writing. If assistance is needed for this the Co-ordinator can give a framework and offer assistance and can be done there and then if agreed by complainant. The reason for this is to ensure clarity of the complaint.

 

·        If the complainant is the Coordinator s/he must inform the Chair of the HR Sub Committee.

 

·        If the complaint is made against the Coordinator or the Chair of the HR Sub Committee, the complaint must then inform the vice chair of the HR Sub Committee.

 

·        The nature of the complaint will be outlined to the accused employee/director and a date set for an informal meeting. The Co-ordinator will facilitate this. A number of meetings may be required. The first meeting will occur as soon as is possible but not exceeding 10 working days of the complaint being brought to the project Co-ordinators attention.

 

·        The parties involved will outline their difficulties/complaints to each other and will work towards identifying possibly solutions.

 

·        No detailed formal record will be maintained of this process although review meetings will be agreed. Individual parties may keep their own notes if so desired.

 

·        It may be appropriate to engage the services of a mediator/counsellor to assist with part of this process, but this will still be viewed as a step in the informal process.

 

·        The Co-ordinator will inform the HR Sub Committee ANYORGthat a complaint has been lodged and that it is being dealt with through the informal procedure. Exact details and specific information is given only on a need to know basis.

 

·        The HR Sub Committee may nominate another Board member to assist the project Co-ordinator with further steps if necessary.

 

·        The outcomes of the informal meeting(s) will be fed back to the HR Sub Committee of Kerry Volunteer Centre.

 

·        For whatever reason the informal procedure may be by-passed and the formal procedure may then be invoked.

 

·        However, ANYORG will endeavour to support all parties involved to continue the informal procedure until all aspects have been exhausted.

Formal Procedure: 

·        If you wish to make a formal complaint, you must do so in writing to the Co-ordinator. If the complaint is being made against the Coordinator the formal complaint must be written to the Chair of the HR Sub Committee. Written complaints should contain details of the person or persons against whom the complaint is being made and where possible, details of the alleged act or acts of bullying or harassment. The complaint should be confined to precise details of actual incidents.

 

·        If the complainant is the Coordinator s/he must inform the Chair of the HR Sub Committee.

 

·        The HR Sub Committee will be informed and this group will nominate members of the management to carry out the formal procedure.

 

·        Any person against whom a formal complaint is made will be informed immediately (within 5 working days) of the complaint. This person will be informed, in writing, that allegations of bullying/harassment/lack or respect etc. have been made and he/she will be given a copy of the complainant’s statement and advised that he/she will be given a fair opportunity to respond to the allegation(s).

 

·        The complainant will be subject to an initial examination by the nominated members of management in order to determine an appropriate course of action. An example of this could be exploring a mediated solution or a view that the issue can be resolved informally. Should either of these approaches be deemed inappropriate or inconclusive, a formal investigation will take place with a view to determining the facts and the credibility or otherwise of the allegation(s).

 

 Investigation:

·        The HR Sub Committee of ANYORG will appoint the investigators. The investigators will be nominated from the management of the Bureau. The Sub Committee may, depending on the situation, appoint an external investigator on their behalf.

 ·        The investigation will be conducted thoroughly, objectively, with sensitivity, utmost confidentiality and with due respect for the rights of both the complainant and the alleged party.

 ·        Terms of Reference will govern the investigation. These terms will be agreed by the Board of Management and circulated to all parties involved. 

·        The investigation team will meet with the complainant and alleged party and any witnesses or relevant persons on an individual basis with a view to establishing the facts surrounding the allegations. All persons interviewed may be accompanied by a work colleague or other appropriate representation, e.g. Trade Union rep, if so desired. 

·        Every effort will be made to carry out and complete the investigation as quickly as possible and within a time frame outlined in the Terms of Reference. On completion of the investigation, the investigation team will submit a written report to the HR Sub Committee of ANYORG containing findings and recommendations for Board approval. 

·        Both parties will also be informed in writing of the findings of the investigation. 

·        Both parties will be given the opportunity to comment on the findings before the HR Sub Committee and full Board of Management decide upon action. 

·        Should management decide the complaint is well founded the alleged party will be given formal interview to determine an appropriate course of action. Such action could, for example, involve counselling, action plans for change of behaviour, monitoring through support and supervision sessions and/or review dates, monitoring and progression of issue through the grievance and disciplinary procedure of this Organisation. 

·        If either party is unhappy with the outcome of the investigation the issue may be processed through the normal industrial relations mechanisms.  

Disciplinary action:

 

If it is intended to take disciplinary action, Kerry Volunteer Centre’s policy on Disciplinary Procedures will be followed.

 

 Counselling: 

 ANYORG will provide a contact point with local counselling services.  Often those whose behaviour is causing problems may be unaware of, or insensitive to, the impact of their actions and counselling can help change behaviour and prevent future incidents.  An employee who is unaware or reluctant to accept that their behaviour is causing problems may be directed by management to take steps to look at changing this behaviour. These steps will be decided upon by management and will depend on the nature of the issue at hand.  People who have experienced harassment or bullying may also find counselling helpful.

 

 Malicious Complaints:

Malicious complaints have no place in a work environment committed to dignity and respect for all.  Complaints found to have been made maliciously will be treated seriously and may result in disciplinary action.

 

 Retaliation or Victimisation: 

Retaliation or victimisation, including dismissal or any other adverse action against an employee, resulting from the employee’s lodging a complaint, participation in the investigation of a complaint, or for representing or providing support to a complainant will result in the organisations disciplinary procedure, up to and including dismissal. Similarly, an employee intending to take action before the ODEI or for having opposed an act unlawful under this policy will not be victimised.

 

 Monitoring: 

The policy will be monitored in line with any complaints made and the outcome of them. The organisation is also committed to monitoring the workplace to ensure harassment, bullying and sexual harassment free environment.

 Reviews: 

The policy will be monitored and amended as required in line with changes in practice and legislation. 

The Law

This policy is underpinned by national legislation:

 

Employment Equality Act, 1998

Prohibition of Incitement to Hatred Act, 1989

Safety, Health and Welfare at Work Act, 1989

Equal Status Act, 2000

This policy is also influenced by the Health and Safety Authority’s Code of Practice on the Prevention of Workplace Bullying.

 

 The Law and Individual Rights

This policy aims to ensure that any problems of bullying and harassment which occur can be resolved within Kerry Volunteer Centre. However, it is the statutory right of every individual, should they wish to do so, to process a complaint under the terms of the Employment Equality Act, 1998, through the appropriate state agency, such as the Labour Relations Commission or the Equality Authority. A complaint must be lodged with the Equality Authority within six months of the incident occurring. Advice on how to process a complaint in this way can be obtained from the Equality Authority.

 

 This Policy was adopted at a Management Committee meeting dated:  ______________________.

 Signed by Chairperson on behalf of Directors:   ______________________