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Far North District Council | Click here to en
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Private Bag 752, Kaikohe 0440
[email address]
Phone 0800 920 029
PC 006 Workplace, Harassment, Discrimination & Bullying Prevention
Policy
Adopted: April 2017
Next review by: April 2022
Table of Contents
1.
Objective .......................................................................................................................................................... 1
2.
Scope............................................................................................................................................................... 1
3.
Policy Statement/s ........................................................................................................................................... 1
4.
Responsibilities ................................................................................................................................................ 2
5.
Relevant Legislation, Policies and Procedures ............................................................................................... 3
6.
Definitions (if applicable) ................................................................................................................................. 3
1. Objective
Far North District Council (FNDC) has established this Policy in recognition of its obligations under legislation.
This policy gives our commitment as a person conducting a business or undertaking to take all practicable steps
to achieve its aim of a work environment, and workplace, that is free from harassment, unlawful discrimination,
bullying and violence; where everyone is treated with courtesy, dignity and respect.
2. Scope
This policy endeavours to establish acceptable standards of behaviour to aid the creation of a harmonious work
environment where diversity and equal opportunity are valued and acknowledged.
Employees have an obligation to align to our values; examples of conduct that is prohibited by this Policy are
but are not limited to:
• Unlawful Discrimination
• Indirect Discrimination
• Direct Discrimination
• Harassment
• Sexual Harassment
• Racial Harassment
• Workplace Bullying
• Institutional Bullying
• Workplace Violence
• Vilification
• Victimisation
3. Policy Statement/s
This policy covers all FNDC employees at their normal place of work as well as situations outside work where
they are representing FNDC. Examples include social functions, conferences, and work carried out at sites that
are not operated or controlled by FNDC, such as contractor’s premises.
Employees must comply with this Policy when using FNDC’s equipment or facilities, including FNDC’s computer
and telephone systems. This Policy applies when dealing with other employees, existing or prospective
customer’s or client’s, visitor’s, contractors and suppliers of FNDC.
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Policy 2
Staff are encouraged to raise any workplace harassment or bullying with either of the following:
• People Leaders
• Wellness Advocates
• Health, Safety & Wellbeing Manager
• People & Capability Business Partners
• Union Delegates
4. Responsibilities
Responsibilities of all Employees
At all times in the course of employment with FNDC, employees are required to:
• comply with this Policy (and any amendments to it) and assist in developing a culture where bullying cannot
thrive
• comply with applicable legislation, including their duties under the Employment Relations Act 2000, Health
and Safety at Work Act 2015, Human Rights Act 1993 and the Harassment Act 1997
• treat people with respect and courtesy
• respect each other's privacy
• avoid any offensive comments or behaviour
• take all practicable steps to ensure their own health and safety
• take all practicable steps to ensure that their acts and omissions do not adversely affect the health and safety
of others
• promptly raise any concerns or questions about the understanding of, or non-compliance with, this Policy
with their Line Manager and/or a P&C Representative.
• assist cooperatively and fully with any investigation into a suspected breach of this Policy
• raise issues or complaints in good faith without improper motives
Responsibilities of People Leaders
Employees have additional responsibilities under this policy in circumstances where they are managing or
supervising other employees. These additional responsibilities do not apply only to employees who are formally
designated as Managers, but to anyone who supervises or manages others. FNDC expects that all employees,
when managing others, will:
• promote this policy and support/actively participate in positive culture-change programmes
• set an appropriate standard of behaviour and lead by example
• ensure that employees are encouraged to make complaints about a breach of this policy without fear or
unreasonable recrimination
• treat all complaints seriously and appropriately in accordance with the terms of this Policy
• Disccuss any issues raised with your Senior Manager and if further action required take to your P&C Business
Partner
• assist actively and positively with the conduct of any investigation about a suspected breach of this Policy
• seek help if they don't know what to do
Far North District Council Responsibilities
FNDC will, so far as reasonably practicable:
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Policy 3
• ensure that employment-related decisions are made according to merit, taking into account relevant skills,
qualifications, experience and ability without bias, prejudice or basing those decisions on any unlawful
discriminatory considerations
• ensure safe systems of work are put in place and maintained within FNDC workplaces
• treat allegations of harassment, unlawful discrimination, bullying, victimisation, and workplace violence
seriously, by taking the required actions as outlined in this Policy and the Dealing with Complaints Policy.
• keep this Policy up to date and ensure that all employees have access to it
• promote and support adherence to this Policy
• FNDC provides mandatory training to all staff biannually.
5. Relevant Legislation, Policies and Procedures
Legislation
Human Rights Act 1993
Employment Relations Act 2000
Health & Safety at Work Act 2015
Privacy Act 2020
Harassment Act 1997
Council Policies and
PC 004 Code of Conduct Policy
Procedures
PC 007 Performance Management Policy
PC 008 Equal Employment Opportunities (EEO) Policy
PC 020 Dealing with Complaints Policy
Lodge a complaint process
HSW001 Health, Safety & Wellbeing Management Policy
Other
Bullying Prevention Toolbox
Wellbeing on TK2 and our Advocates
6. Definitions (if applicable)
Term
Definition
Unlawful
Behaviour that excludes or restricts a person or group, or a practice which distinguishes
Discrimination
between individuals or groups, on the basis of one or more attributes that constitute
prohibited grounds of discrimination, so as to disadvantage the individual or group of
people and/or advantage others in some way.
Indirect
Occurs when a conduct, practice, requirement, or condition appears neutral but has the
Discrimination
effect of treating a group of persons differently in a manner inconsistent with the Human
Rights Act.
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Policy 4
Term
Definition
Direct
Occurs when a person (or group of people) is treated less favourably than others in the
Discrimination
same or similar circumstances on the basis of a personal characteristic that falls within
one or more of the thirteen prohibited grounds set out in the Human Rights Act 1993
-
prohibited grounds of discrimination.
Harassment
Unwelcome comment, conduct, material or gesture that is insulting, intimidating,
humiliating, malicious, degrading or offensive.
Sexual
Is behaviour, material or language of a sexual nature that is unwelcome or offensive to
Harassment
another person and is either repeated or of such significant nature that it has a
detrimental effect on that person’s employment.
It can also be a request (from a manager, team leader or supervisor) for any form of
sexual contact or activity which contains an implied or overt promise of preferential
treatment or an implied or overt threat of detrimental treatment.
Racial
The use of language, conduct or material that expresses hostility against, or brings into
Harassment
contempt or ridicule, any other person on the ground of their colour, race, or ethnic or
national origins, which is hurtful or offensive to the individual(s) concerned. It is either
repeated or of such significant nature that it has a detrimental effect on the employee’s
employment.
Workplace
Repeated and unreasonable behaviour directed towards an employee or a group of
Bullying
employees that creates a risk to health and safety.
Institutional
Occurs when an organisation’s norms, culture or practice al ow behaviour (whether
Bullying
overt or implied) which causes offence or undue stress to others without concern for the
consequences or their wellbeing.
It also occurs when work structures, practices, policies or requirements unreasonably
burden employees without concern for their wellbeing.
Workplace
Any incident in which an employee is verbally or physically abused, threatened or
Violence
assaulted by a fellow employee or by a member of the public in circumstances arising
out of the course of employment.
Vilification
Occurs when a person, by a public act, incites hatred towards, serious contempt for, or
severe ridicule of a person or a group of persons, whether or not on the basis of one or
more of the Human Rights Act 1993
prohibited grounds of discrimination.
Victimisation
Occurs when a person is subjected to detriment because they made a complaint in
good faith, or because they are involved in the investigation of a complaint of
discrimination, harassment, violence, bullying, or vilification.
People
Chief Executive Officer, Group Managers, Department Managers, Line Managers,
Leaders
Team Leaders
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Policy 5
Term
Definition
Wellness
Volunteers across the organisation who:
Advocates
• Act as an initial contact point for staff providing guidance and a signposting service
to employees about issues relating to wellbeing, including domestic violence,
bullying, mental/physical health and dignity at work concerns
• Promote wellbeing – initiatives
• Be a role model for the Council’s Health and Wellbeing programme
• Contribute to and participate in network events to facilitate greater awareness of
wellbeing across FNDC.
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