Tū māia, Tū rarawe
Workplace Behaviour Policy
1. Introduction
1.1 The Electoral Commission Te Kaitiaki Take Kōwhiri (the Commission) is committed to treating
everyone who works for or with the Commission with dignity and respect. We want a safe and
inclusive workplace culture where al people are respected and valued.
1.2 Everyone has the right to work in an environment that is safe and free from discrimination,
harassment, bul ying, victimisation, and unacceptable behaviour.
1.3 The Commission has a ‘no tolerance’ approach to unacceptable behaviour and wil take al
instances seriously and act on complaints. The Commission is committed to creating an
environment where our people feel comfortable and able to speak up when they encounter
unacceptable behaviour, without fear of retribution or discrimination.
1.4 Our principles, Values/Te Poutokomanawa and behaviour guide how we work together. They
describe what is important to us and help us deliver our best work every day through:
• Manaaki – demonstrating generosity and empowering people; creating a safe
environment where we help, support, and encourage each other to work together
col aboratively and constructively
• Tūhonohono – connecting, building, and maintaining relationships and bringing people
together so our people can come forward and speak up when the behaviour of others is
not appropriate
• Tika – emphasises appropriate standards and behaviour. Upholding the integrity,
impartiality and quality of our work should always be maintained; doing things right and
doing the right thing
• Arataki – seeking to understand different perspectives and supporting our people to
resolve conflicts; guiding towards greater understanding
• Uakaha – we uplift each other to uphold acceptable behaviour and hold each other
accountable; we bring energy, dynamism, and innovation into this space
2. Policy
2.1 The Commission has obligations to be a good employer, to protect our people from
harassment and discrimination, and to ensure, so far as is reasonably practicable, the health
and safety of our people.
2.2 Electoral Commission staff are required to treat colleagues, customers, and stakeholders with
respect at work. We have a personal responsibility to treat each other in the way we would
wish to be treated ourselves.
2.3 We wil act on complaints of any kind including discrimination and victimisation and we wil act
accordingly by investigating, communicating with both the complainant and respondent, and
determine a resolution, dependent on the issue.
2.4 Workplace hazards also include unacceptable behaviour. If left unchecked, unacceptable
behaviour in the workplace can have serious consequences for our people and our
organisation including:
• health problems resulting from increased stress levels
• decreased emotional wel being and loss of self-esteem
• reduced morale, work performance, and team cohesion.
3. Scope
3.1 This policy applies to everyone working at the Commission, or on our premises, including al
staff/kaimahi, managers, visitors, contractors, secondees, volunteers and members of the
public.
3.2 This policy provides clarity on each person’s responsibilities in contributing to a safe and
positive workplace; defines and provides examples of acceptable and unacceptable
behaviour; provides information on resolution options in situations where unacceptable
behaviour is witnessed or experienced.
4. Responsibilities
4.1 Everyone has a part to play in creating and maintaining a safe work environment as set out in
our Code of Conduct and this policy.
The Commission
4.2 The Commission has a no tolerance approach to unacceptable or unlawful behaviour. Al
al egations of unacceptable behaviour wil be treated seriously. The Commission wil :
• be clear about the standards of behaviour we expect of our people
• ensure al people understand what appropriate behaviour is
• promote positive workplace behaviour
• identify factors that contribute to unacceptable behaviour and make changes to prevent it
reoccurring
• encourage positive leadership behaviour and support managers to achieve this
• provide appropriate information, advice, and support to everyone involved in an incident
so that al people feel safe, supported, respected, and listened to
• provide a range of processes and options to enable each person to manage and resolve
incidents in a way that is cultural y supportive and appropriate
• ensure principles of natural justice and procedural fairness apply to al matters which are
addressed under this policy
• ensure information and resources to resolve incidents are available on ECHO.
4.3 The Commission and/or the Board wil respond to any incident that is formal y reported to
them and wil fol ow the same procedure outlined in the Reporting Wrongdoing and Protected
Disclosures Policy. The procedure for formal reporting is described further in this policy.
4.4 Al staff of the Commission should be aware of their own behaviour and how it affects others.
We recognise that personalities, character, and management styles are al different. How we
engage with others in the workplace must always be acceptable to others through applying
principles such as:
• working col aboratively with others to achieve objectives
• managing performance in an appropriate and fair manner
Workplace Behaviour Policy – November 2024
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• giving and receiving constructive feedback as part of normal day-to-day work activity
• understanding other people’s perspectives to help reach agreement.
Managers
4.5 Managers wil :
• role model and reinforce acceptable behaviour
• educate team members about this policy
• provide a safe space for our people to raise concerns of any unacceptable behaviour,
whether peers or managers
• actively fol ow up when unacceptable behaviour is witnessed by them or reported to them
(using the resolution options in the Guidelines)
• actively manage any conflict that arises in a timely manner.
When a situation involving unacceptable behaviour is witnessed or experienced
4.6 Managers must comply with this policy and the Guidelines (Responding to Unacceptable
Behaviour) to support any staff member who witnesses or experiences unacceptable
behaviour.
4.7 Managers are required to undertake al /any of the fol owing:
• step in to stop an incident that is happening at that time, and if required move the people
involved away to ensure everyone’s safety
• check the people involved are physical y and emotional y safe
• listen without judgement if someone wants to talk about the incident
• refresh themselves of the information available on ECHO and the processes and options
available to resolve an incident in a cultural y appropriate way
• make notes about the incident including any discussions or observations
• advise People & Culture that an unacceptable behaviour incident has occurred and
especial y when there may be serious breaches of the Code of Conduct and/or this policy
• advise Vitae Services support is available and provide other wel being options.
4.8 Managers are encouraged to liaise with People & Culture for their own support in managing
and resolving unacceptable behaviour.
Our People/Kaimahi
4.9 Our people will:
• treat everyone with respect and dignity
• take responsibility for contributing to a safe and healthy work environment
• understand the options for resolving unacceptable behaviour by:
o reading this policy and the Guidelines, Responding to Unacceptable Behaviour
o reviewing other resources and information available on ECHO
o asking their manager or People & Culture to explain the options available
• on an individual basis, determine how they wish to resolve any encounter of inappropriate
behaviour (unless it is a criminal act or a breach of Health, Safety and Wel being)
When a situation involving unacceptable behaviour is experienced
4.10 Our people will:
• inform their manager, another manager or someone they trust, about the incident
• advise People & Culture.
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When a situation involving unacceptable behaviour is witnessed
4.11 Our people will:
• check the affected person is safe (physical y and emotional y) and offer support
• inform their manager, another manager or someone they trust, about the incident so
further action can be taken
• raise their concern with People & Culture.
5. Resolution options
5.1 There are various options to resolve any incident. These are listed below and further expanded
in the Commission guidelines document, Responding to Unacceptable Behaviour.
5.2 There are no repercussions from the Commission if an individual makes a complaint.
5.3 These options are not a sequence of steps. Each resolution process wil be determined
separately, considering the circumstances, the views of those involved, and the seriousness of
the incident/s.
5.4 Options may include:
• Self-solve (reflect, seek advice, and give feedback) – a low-level approach where the
affected person directly tells the person concerned that their behaviour is having an
impact on them, and this is acknowledged by the person concerned.
• Informal intervention (a mediated conversation with a third party [eg P&C] or informal
complaint) – a more structured (but informal) way of resolving an incident with assistance
from others.
• Formal complaint – a formal structured process to resolve incidents.
5.5 There may be situations where an individual wishes to make a formal complaint. They believe
they are unable to raise their concerns via their manager/another manager because:
• they reasonably believe their manager demonstrates inappropriate behaviour; or
• the manager, for reasons of relationship or association with someone who is believed to
be demonstrating inappropriate behaviour, cannot be approached.
5.6 In an instance where the individual is unable to approach their manager, they are encouraged
to report their concerns to the Chief Executive unless:
• they reasonably believe the Chief Executive is demonstrating the inappropriate behaviour,
or
• the Chief Executive, for reasons of a relationship or association with someone who is
believed to be demonstrating inappropriate behaviour, cannot be approached.
5.7 If the individual is unable to approach the Chief Executive, they are encouraged to report their
concerns to another member of the Commission Board unless:
• they reasonably believe al members of the Board are demonstrating inappropriate
behaviour, or
• al Board members, for reasons of a relationship or association with someone who is
believed to be demonstrating inappropriate behaviour, cannot be approached.
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5.8 The individual can reasonably expect there to be action by the Commission within 20 working
days.
5.9 If the individual reasonably believes they cannot approach any level of managers or Board
members, they should refer to the Reporting Wrongdoing and Protected Disclosures Policy and
approach an appropriate authority.
5.10 The Commission will then continue to fol ow the procedures detailed in the Reporting
Wrongdoing and Protected Disclosures Policy.
6. Education and training
6.1 At Induction, the Commission provides information and training for al our new people about
our culture and expected behaviour. Refresher education and training is held on a regular
basis.
6.2 Managers wil receive periodic training via the learning management system Tupu on the
Workplace Behaviour Policy, the Reporting Wrongdoing and Protected Disclosure Policy,
associated guidelines and procedures, and the Human Rights Act 1993.
7. Monitoring, review, and recordkeeping
7.1 A register of reported unacceptable behaviour incidents wil be managed by People & Culture
who wil adhere to strict protocols to protect the privacy of both complainants and
respondents.
7.2 Documentation relating to unacceptable behaviour incidents wil be kept in a secure digital
location by People & Culture with access restricted to authorised personnel.
7.3 Reporting incidents of unacceptable behaviour will be provided quarterly to ELT and the Board
and wil include a non-identifiable summary of the number of incidents, process fol owed and
outcomes.
7.4 Incidents that have or are likely to be escalated wil be forwarded to ELT and/or the Board as
they occur for review and response.
8. False accusations, frivolous and vexatious claims
8.1 It is important that al complaints of unacceptable behaviour are made in good faith and are
based on truth and fact. Any intentional y false al egations or frivolous or vexatious claims wil
be viewed seriously, investigated, and may result in disciplinary action.
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9. Definitions and examples
9.1 The table below provides definitions and examples of terms used in this policy. This is not an
exhaustive list.
Term
Definition
Example(s)
Acceptable Behaviour
Acceptable behaviour refers to actions or
•
friendly banter, light-hearted
conduct considered appropriate,
exchanges
respectful, and aligns with our values.
•
issuing reasonable instructions and
expecting them to be carried out
•
free and honest discussion about
concerns in the workplace, without
personal insult.
Unacceptable Behaviour
Unacceptable behaviour refers to action or
•
belittling remarks
conduct considered inappropriate or
•
ignoring, excluding, isolating
harmful in any given context.
•
What constitutes as unacceptable
giving unachievable tasks –
impossible deadlines, “setting up to
behaviour can vary. However, in this policy
fail”
unacceptable behaviour includes
harassment, bul ying, victimisation, and
•
withholding information relevant to
discrimination.
job.
Bul ying
Workplace bul ying is unreasonable and
•
using verbal abuse, swearing, or
repeated behaviour (physical, verbal, or
shouting inappropriately
relational/social) towards a person or a
•
excessive or unjustified criticism over
group of people that can lead to physical
minor things
or psychological harm.
•
Unreasonable behaviour covers actions
undervaluing or ridiculing an
individual's contribution
which a reasonable person would not do in
similar circumstances.
•
deliberate exclusion or isolation.
Harassment
Sexual: Sexual harassment is unwelcome
Examples of sexual harassment:
or offensive behaviour of a sexual nature.
•
makes a request for sexual
Further detail is contained in
It is repeated or is significant enough to
intercourse, sexual contact or other
Harassment Act 1997 (version
have a negative effect on a person’s
sexual activity and implies or
at 28 October 2021)
employment, job performance or job
promises preferential treatment
satisfaction.
•
uses behaviour, language or visual
https://www.legislation.govt.nz
material of a sexual nature that is
/act/public/1997/0092/latest
Racial: Racial harassment is language
unwelcome or offensive
/whole.html#DLM417725
(written or spoken), visual material, or
Examples of harassment include:
physical behaviour that directly or
indirectly expresses hostility against, or
•
offensive teasing or abuse
brings any person into contempt or
•
unwelcome or inappropriate physical
ridicule, because of their race, colour, or
conduct
ethnic or national origins.
•
rude gestures and comments or
offensive jokes
•
unwelcome or inappropriate letters,
emails, electronic media (for example
but not limited to texts, social media
applications), phone cal s.
Victimisation
Victimisation is when someone is treated,
•
being denied a promotion after
or is threatened with treatment that is, less
helping a col eague make a
Further detail is contained in
favourable than the treatment another
discrimination complaint
Human Rights Act 1993
person in the same or substantial y similar
•
dismissal from employment after
circumstances is treated.
https://www.legislation.govt.nz
making a complaint of sexual
/act/public/1993/0082/latest
harassment.
/DLM304658.html
•
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Discrimination
Discrimination is when one person is
•
ignoring a staff member’s application
treated less favourably than someone else
for a promotion on the grounds that
is treated, or would be treated, in the same
they are old and will likely soon retire
or substantial y similar circumstances.
•
paying a woman in the same role as a
man a reduced rate of pay.
Frivolous or vexatious
A term used to chal enge a complaint, or a
legal proceeding being heard as lacking in
merit, or to deny, dismiss or strike out any
ensuing judicial or non-judicial processes.
Kaimahi
In this policy, kaimahi are individuals who
This includes:
carry out work at the Commission in any
•
contractors or sub-contractors
capacity.
•
employees of contractors or sub-
contractors
•
employees of labour hire companies
•
apprentices or trainees
•
people doing work experience
•
outworkers (home workers)
•
volunteer workers.
•
secondees
Other workers
Include workplace visitors and casual
volunteers. These people have their own
health and safety duties to take
reasonable care to keep themselves and
others safe.
Actions of natural justice and
The actions of natural justice include:
procedural fairness
•
taking al reasonably practicable
steps to progress the matter(s)
without undue delay
•
providing the subject of the
concerns/al egations with relevant
information being raised against them
•
providing the person who is the
subject of the concerns/allegations
with a reasonable opportunity to seek
advice and to respond to the matters
before final decisions are made
•
advising the person that they have
the right to be accompanied by a
support person
•
the decision-maker wil consider the
matter with an open mind, free of bias
and pre-determination.
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10. Policy status and approval
Version 2
November 2024
Preceding policy
Bul ying and Harassment Policy 2018
Approval authority
Board
Approval date
13 November 2024
Policy owner
Manager People & Culture
Revision cycle
Every three years
Next review
November 2027
Related Electoral
Code of Conduct (2021)
Commission policies
Reporting Wrongdoing and Protected Disclosures Policy (2022)
Health Safety & Wellbeing Policy (2023)
Managing Employee Conduct and Performance (2018)
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