HUD2025-008207
Phoebe Robertson
[FYI request #32388 email]
Tēnā koe Phoebe
Thank you for your email dated 25 September 2025 to Te Tūāpapa Kura Kāinga – Ministry of
Housing and Urban Development (the Ministry) requesting information under the Of icial
Information Act 1982 (the Act). I wil respond to each part of your request as follows:
1. Total Complaints & Monthly Breakdown
The total number of internal staff complaints raised with HR (including, but not limited to,
complaints relating to bullying, harassment, discrimination, cultural safety, or
psychologically unsafe environments)
A monthly breakdown of these complaints over the requested period, to allow identification
of trends
Three formal complaints were raised with the Ministry’s Human Resources (HR) team between the
period of 30 June 2021 to 31 August 2025, one each in December 2022, May 2023 and March
2024.
2. Resolution Pathways
For the complaints identified above, please advise:
a) How many were formally investigated
b) How many were informally closed, redirected, or deemed “resolved without investigation”
c) How many were withdrawn by the complainant
If recorded, please include any noted reasons for withdrawal (e.g. staff exit, concern
about reprisal, mediation)
d) The outcome of each complaint, recorded in aggregated form, e.g.:
No action taken
Informal resolution
Escalated to formal action or investigation
Referred to external mediator
Staff resignation or exit
Disciplinary action
e) How many complaints remained open or unresolved for longer than 6 months, and how
many remained unresolved after 12 months
f) Of the complaints that were closed informally or not investigated, how many were closed
with no documented follow-up action or engagement with the complainant?
All three complaints were internally investigated by HR and were not found to amount to
misconduct. Resolutions implemented by HR included a combination of resetting behavioural
expectations for one or both parties, providing leadership training or coaching, and offering
wellness support where appropriate. None of the complaints remained open or unresolved for
longer than six months.
3. Time to Resolution
•
The average and median time taken to resolve or close complaints, measured from the date
of receipt to final resolution or closure
•
If feasible, a comparison between complaints that were formally investigated and those
informally closed or redirected
The complaints were resolved or closed in an average of three weeks, with a median resolution/
closure time of four weeks.
4. Complaint Characteristics
If recorded, please provide an aggregated breakdown of complaints by:
Business group / Directorate
The three complaints originated from our Policy, Corporate, and Delivery groups.
Ethnicity of the complainant (e.g. Māori, Pākehā, Pacific, Asian)
The Ministry does not record information on the ethnicity of the complainant.
Nature or category of complaint (e.g. bullying, harassment, discrimination, cultural safety
concerns, unsafe workplace)
To protect the privacy of individuals who may be identifiable due to the small number of
complaints, I am providing you with a summary of the complaint characteristics:
1. Discrimination and cultural safety
2. Unsafe workplace
3. Inappropriate behaviour
Whether the complaint involved the conduct of a manager or team leader
Al three complaints involved the conduct of a manager.
Whether the complainant exited the Ministry within 12 months of the complaint being made
Two complainants exited the Ministry within 12 months of the complaint being made.
5. Multiple Complaints & Repeat Concerns
If recorded, please advise:
Whether any individuals (particularly those in managerial or leadership positions) were the
subject of more than one complaint during the period
An anonymised count of such repeat instances (e.g., “3 managers were subject to 2 or
more complaints each between 2021–2025”)
No individuals were the subject of more than one complaint between the period specified.
6. Reporting to Senior Leadership
Please provide any internal guidance, policy, or documented practice that sets out:
When and how complaints about managers or team leaders are required to be reported to:
the relevant General Manager
the Chief Executive
the People & Culture Governance Group, Audit & Risk Committee, or other internal forums
Whether the Ministry has a threshold or risk rating system to determine which complaints are
escalated to senior leadership
Whether complaints involving repeat allegations or staff exits are flagged or tracked at a
leadership or governance level
I am releasing copies of the Ministry’s Speak Up Guidelines and Addressing Conduct and
Behaviour Guidelines to you. The documents are detailed in the attached document schedule.
The Ministry is also guided by the Public Service Commission’s strengthened Speaking Up model
standards, along with Your Complaint, Your Rights, which outlines complainants’ rights. These new
guidelines were published on 1 October 2025 and can be found on the Commission website:
www.publicservice.govt.nz/guidance/model-standards-speaking-up. The Ministry is in the process
of reviewing our Agency Guidelines to align with this new guidance.
7. Manager–Manager Complaint Dynamics
How complaints made about managers by other managers (e.g. inter-leader bullying, conflict,
or misuse of process) are managed
Whether there are internal rules or protections in place to ensure such complaints are
independently investigated, and not handled by close peers or reporting lines (e.g. a GM and
their direct reports)
Complaints made about managers by other managers are also managed using the guidelines
outlined in my response to part five above. Al complaints are handled in a professional and
impartial manner, with investigations carried out by suitable individuals who are independent of the
parties involved and have no conflicts of interest.
8. Transparency of Investigations & Risk Tracking
•
Whether the Ministry maintains any risk register, dashboard, or tracking tool that monitors:
•
The volume and category of internal HR complaints
•
The number of unresolved or repeat complaints involving the same individuals
•
Complaints with themes of psychological harm, cultural safety, or retaliation
•
If such a register or tool exists, please provide:
•
A high-level description of its structure and oversight
•
Which teams or leadership roles have access to it
The Ministry maintains a register of formal complaints, which contains key dates and summary
information to assist the HR team in tracking, monitoring and reporting on employment relations
matters. We hold high level information about an incident or concern; specific information and
documents are held separately and securely within the Ministry’s document management system
in case folders.
Access to the register and document management system case folders is limited to the People
Services Team, General Manager People and Community, and Principal Advisor People and
Community. Decision makers or appointed investigators may have specific access to individual
case folders and documents where appropriate.
9. Escalation Frameworks
•
Any internal HR policies, guidance documents, or decision-making frameworks that outline
how complaints are assessed and escalated to:
Senior leadership
The Chief Executive
Internal governance or assurance forums
Any specific criteria or thresholds used to determine when a complaint should be:
o
Formally investigated
o
Escalated to an external mediator
o
Reported to internal audit or external bodies
Please see my response to part five of your request.
You have the right to seek an investigation and review of my response by the Ombudsman, in
accordance with section 28(3) of the Act. The relevant details can be found on the Ombudsman’s
website at:
www.ombudsman.parliament.nz.
As part of our ongoing commitment to openness and transparency, the Ministry proactively
releases information and documents that may be of interest to the public. As such, this response,
with your personal details removed, may be published on our website.
Nāku noa, nā
Emily Scarlet
General Manager People and Community
Te Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development
Annex A: Document schedule
Documents released – HUD2025-008207
Date
Document
Section
of the
Act
applied
1. February Guidelines for Addressing Conduct and Behaviour Issues
N/A
2020
2. March Speak up – Keeping HUD’s workplace free from unacceptable
N/A
2021
behaviour
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Guidelines for Addressing Conduct and Behaviour Issues
OVERVIEW
Employment relationships are based on trust and confidence. When trust and confidence in the working
relationship is undermined, damaged or destroyed by inappropriate behaviour or conduct, HUD will address
this in a timely and appropriate way.
In undertaking any process, HUD will treat people fairly and with the aim to prevent the recurrence of the
conduct or behaviour that is causing concern. Refer appendix “Making Fair Calls” for an illustration of how,
as a rule of thumb - HUD looks to treat people fairly.
HUD will address any conduct or behavioural issues as soon as practicable and make decisions about any
corrective or disciplinary action within reasonable timeframes and in good faith. In the instance of
performance related issues, please refer to HUD’s
Successful Performance Guidelines.
GENERAL PRINCIPLES FOR ADDRESSING CONDUCT AND BEHAVIOUR ISSUES
In order to act in good faith and ensure a fair process, HUD will consider the circumstances surrounding
each case carefully, and the following principles and practices will be applied:
• The safety of employees, contractors, clients and the public is paramount to HUD.
• Issues will be dealt with at the lowest possible level.
• The relevant leader will seek advice and support from People and Culture (P&C) if it is outside their
delegation or ability to deal with the issue.
• The onus is on the relevant leader to advise their people leader and People and Culture Business
Partner on a no surprises basis. This may include escalating issues to the Chief Executive where
the issues have higher risk.
Principles during any level of process
• The principles of natural justice will apply to ensure fairness of procedure for all parties. Any
individual/group will be told about any concerns and allegations, evidence and proposals during the
process and will have the opportunity to comment in response.
• Allegations of misconduct or serious misconduct will be subject to a fact-finding exercise or
investigated appropriately before any disciplinary action is considered.
• The individual will be told about their rights, and be given reasonable time to access support, advice
or representation where disciplinary action may result. HUD is not obliged to accept unreasonable
delays.
• Finding of fact will be separated from proposed outcome.
• The individual will be told about any potential disciplinary action(s) that they may face.
• Disciplinary action will be approved only by leaders with the appropriate level of delegated authority,
following consultation with P&C.
• Information about the issue, the associated process, and the outcome will be treated confidentially
within the parameters of that process and will be shared only as is necessary or in accordance with
applicable legislation (e.g. the Privacy Act 1993, the Official Information Act 1982).
RESPONSIBILITIES
• Typically the employee’s people leader will be responsible for conducting a fact-finding exercise or
requesting an employment investigation via P&C.
• The leader will seek the advice of their People and Culture Business Partner prior to undertaking
the fact-finding exercise or formal investigation.
• Where an investigation is conducted internally, a leader other than the direct people leader of the
individual may investigate in circumstances where there may be a conflict of interest, or to protect
the interests or privacy of individuals, or to ensure the reputation of the HUD is protected.
• People and Culture may appoint an independent investigator.
DEFINITIONS
Misconduct
Inappropriate behaviour or conduct potentially undermining the employment relationship
including but not limited to:
• Minor breaches of policy or misdemeanour,
• Lack of punctuality or unapproved absence from work,
• Refusal to follow a reasonable lawful instruction,
• Use of sexist, racist or other inappropriate language
• Use of aggressive language or behaviour,
• Inappropriate, unauthorised or misuse of HUD resources
• Inappropriate behaviour, conduct or actions which adversely affect working
relationships with colleagues or stakeholders
Serious Misconduct This is misconduct which is so serious that it may warrant summary (instant) dismissal
and may include but is not limited to:
• Sexual harassment
• Assault
• Theft
• Fraud
• Misappropriation
• Deliberate or repeated disregard of health and safety standards
• Wilful disobedience
• Deliberate or repeated misconduct
• Failure to disclose a conflict of interest
• Breach of HUD’s policy
• Behaviour which leads to significant loss of trust and confidence
• Any action which may bring HUD in to disrepute
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HUD’S PREFERRED APPROACHES TO PROCESS
STAGE ONE: non-disciplinary (informal)
Where the conduct or behaviour issue is considered minor enough to be dealt with informally, particularly if
it is a first offence, the individual’s leader may opt to take an informal, corrective approach:
• Al egation/complaint submitted to Leader/P&C by complainant or leader becomes aware of incident/concern
• If al egation is made verbal y, Leader/P&C to request this be formalised in writing
1
• Complainant offered support
• Leader to conduct Fact-finding exercise
2
• Enough information should be gathered to raise the al egation with the individual/group involved (but not so
much as to pre-determine an outcome)
• Issue raised informal y with the individual/group given an opportunity to consider al egation.
3
• Respondent offered support
• On the basis of the response, determination made as to whether this can be resolved informal y, wil need to
progress to disciplinary or require formal investigation.
4
• Decision-maker may seek further information outside of a disciplinary process eg go back to al eger
• Leader to make file note made if not moving to disciplinary process.
• File note to include details of al egations, outcome of fact-finding exercise, respondents comments, actions
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taken.
• Copy of file note to be provided to P&C Business Partner
STAGE TWO: disciplinary (formal)
Where alleged conduct/performance is sufficiently serious or repeated, then formal disciplinary action may
be warranted.
• Steps 1-4 of Stage 1 process conducted in first instance
1
• Al egation is put formal y to individual/group in writing, including whether the matter needs an independent investigation or
2
not
3
• Individual/group are given the opportunity to meet to respond to proposed process and/or al egations
• Decision-maker considers al egation and response and determines further process (e.g. investigation) or advises preliminary
4
finding
5
• Investigation conducted if necessary
6
• Individual/group opportunity to respond to preliminary finding
• Decision-maker considers response and decides finding (or accepts investigation finding), then considers and proposes
7
preliminary outcome (if misconduct is confirmed)
8
• Individual/group opportunity to respond to preliminary outcome
• Decision-maker considers response and decides final outcome
9
• Outcome confirmed in writing
3
SUSPENSION
In limited circumstances, it may be necessary to suspend an individual while an investigation is being
undertaken. Suspension may be appropriate where:
• the allegations potentially affect the individual’s ability to carry out their duties (e.g. assault,
unauthorised possession of company property, negligence, violent behaviour);
• there is a risk that the individual may engage in conduct similar to the allegations if they remain at
work (e.g. misappropriation of funds);
• the continued presence of the individual is likely to cause concern to other HUD employees, and/or
stakeholders/third parties;
• there is reason to believe that the investigation may be hindered if the individual remains at work
while it is undertaken, including the individual tampering with the evidence or intimidating or
influencing witnesses in HUD's investigation;
• the individual’s continued presence in the workplace poses a potential risk to the health and/or
safety of the individual or others.
Suspension Process
• Where a leader considers that suspension may be reasonable in the circumstances, they will
consult with their P&C Business Partner.
• The individual will generally have an opportunity to take advice and comment about the proposed
suspension before HUD makes a decision about it, unless the suspension needs to be effected
immediately.
• HUD will then consider the individual's comments before reaching a decision about suspension.
Verbal advice to an individual that they have been suspended will be followed by written
confirmation of the suspension.
• An individual who is suspended must remain available and contactable during their normal working
hours in order to participate in the disciplinary investigation and address matters that may arise.
• Suspension will be on full pay.
WARNINGS
The outcome of any disciplinary action may include any justifiable outcome, including the following
according to the circumstances:
Letter of Expectation
An informal outcome that clearly articulates the expectations for behaviour/performance.
Written Warning
A written warning may be appropriate in instances where misconduct is found to have occurred. Warnings
may also stipulate corrective actions and monitoring that may be required as a result of the warning having
been issued.
Final Written Warning
A final written warning may be appropriate in instances where misconduct or serious misconduct is found to
have occurred. In some cases, a final written warning may be issued as the first step in the disciplinary
process.
Dismissal
Where serious misconduct or repeated instances of misconduct are found to have occurred, the individual's
employment may be terminated by dismissal. HUD may terminate an individual’s employment by:
a) dismissal on notice; or
b) dismissal without notice (or summary dismissal).
All warnings must be recorded in writing and placed on the individual’s personal file.
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PERSONAL GRIEVANCE PROCEDURE
An individual aggrieved by any action taken by HUD may take a grievance in terms of the personal
grievance procedure set out in their Employment Agreement or as provided under the
Employment
Relations Act 2000.
SUPPORT
We appreciate that matters relating to addressing conduct and/or behaviour can be difficult. Support is
available through your People and Culture Business Partner. You may also wish to seek support from
whānau and iwi.
People are also encouraged to use the free, confidential Employee Assistance programme. EAP can be
contacted 24/7 on 0800 EAP NOW (327 669).
PSA members may wish to seek support from the PSA – members can call free 0508 367 772 or contact
their delegate or organiser.
RELATED POLICIES, PROCEDURES, LEGISLATION AND DOCUMENTS
• HUD Code of Conduct
• HUD for Successful Performance Guidelines
• HUD Diversity and Inclusion policy
• HUD Health, Safety and Wellbeing Policy
•
Health and Safety at Work Act 2015
•
Human Rights Act 1993
•
Employment Relations Act 2000 and its amendments
•
Privacy Act 1993
•
State Services Standards of Integrity and Conduct
GUIDELINES REVIEW
Owner: Head of People and Culture
Review: February 2022
HUD encourages a culture of continuous improvement. If you have a suggestion to help us
improve the content of this document, please contact
HR Assist
5
7
Speak up – Keeping HUD’s workplace free from
unacceptable behaviour
Kaua ē patu wairua – do not offend my spirit or soul
OVERVIEW
HUD is committed to providing our people with an environment that is positive and engaging. Our culture is about
being a great place to work where our values are alive every day. We encourage our people to be honest and speak
up to express ideas, views and feedback, as this provides much better outcomes for HUD and ultimately the work that
we do for New Zealanders.
In alignment with HUD’s Safety and Wellbeing policy, we aim to have a safe workplace for our people with no harm,
so it is never ok for anyone to act in unacceptable ways towards others. This means a workplace free of harassment,
discrimination, bullying or violence of any kind. HUD will always appropriately deal quickly and fairly with any instances
of this that may take place.
POLICY
All HUD people deserve to and can expect to be able to work in an environment where they thrive. This means being
free from any unacceptable behaviours. HUD is committed to keeping our environment enjoyable, collaborative and
constructive for all.
This policy sets out HUD’s position on keeping our workplace free from unacceptable behaviour and how we manage
any instances that may happen. Our commitment to a working environment free form unwelcome or inappropriate
behaviour applies to behaviour by or directed towards:
• HUD people
• Contractors
• Other agency staff
• Customers of HUD
• Members of the public
At HUD we define unacceptable behaviour as anything related to any form of harassment, bullying, violence, or
discrimination. Unacceptable behaviour may not be limited to these – we want our people to work in a safe and
supportive environment so any behaviour negatively impacting on that may be considered unacceptable. Please see
Appendix Two for detailed definitions of terms.
Prevention and early intervention
HUD actively promotes a culture of trust and inclusion where it is safe for anyone to speak up about something they
may have experienced or witnessed that is bothering them. We also promote a culture of awareness and early
intervention. This means that we will help our people understand what is acceptable and deal early with any situations
where unacceptable behaviour may have occurred. Prevention is the best way to ensure we have a workplace free
from unwanted or inappropriate behaviour. If behaviour does not meet HUD’s standards, then early intervention is
actively encouraged. This is intended to be educational and raise awareness with the person alleged to have behaved
in an unwelcome or inappropriate way.
HOW YOU CAN SPEAK UP
Despite our best efforts, at times people may experience unacceptable behaviour. If this is the case, we want to know
about this as soon as possible so that this can be managed to a fair and safe resolution.
If you have experienced what you consider to be unacceptable behaviour, please raise this with your Manager or your
People and Culture Business Partner as soon as possible. You may raise this with a DCE if you prefer. The important
thing is to tell someone, so the situation can be managed, and people are supported. Often if issues are addressed
quickly, they can be resolved before they escalate and become more difficult to manage or resolve.
For details on a formal complaint process please see Appendix One for additional information and guidance.
RESPECT AND CONFIDENTIALTY
Respecting our people’s privacy and confidentiality is important to us at HUD. We will always treat all parties with
respect and maintain confidentiality wherever it is possible to do so. All documentation related to any events of
unacceptable behaviour will be managed securely.
EDUCATION AND AWARENESS
Awareness is key to not only prevention through understanding of expectations but also for ensuring any situations
that may arise are handled promptly and well to avoid any sustained or prolonged behaviours. All HUD people will
be made aware of this policy. HUD will ensure our people are made aware of our Code of Conduct and acceptable
standards of behaviours through onboarding and induction, and ongoing as part of our as part of our commitment to
promoting and embedding a positive wellbeing focused culture.
HUD Managers will also be made aware of their responsibilities and more information on this can be found in Appendix
One to this document.
SUPPORT
If you experience or witness unacceptable behaviour this may be upsetting. Support is available. People are
encouraged to use the free, confidential Employee Assistance programme. EAP can be contacted 24/7 on 0800 EAP
NOW (327 669).
PSA members may wish to seek support from the PSA – members can call free 0508 367 772 or contact their delegate
or organiser.
A variety of agencies provide information and support, including:
• Human Rights Commission (free call 0800 496 877)
• Race Relations Commission (free call 0800 496 877)
• Worksafe NZ (free call 0800 303 040)
RELATED POLICIES, PROCEDURES, LEGISLATION AND DOCUMENTS
• HUD Safety and Wellbeing Policy
• HUD Code of Conduct
2
• HUD Diversity and Inclusion policy (under development)
• Health and Safety at Work Act 2015
• Human Rights Act 1993
• Employment Relations Act 2000 and its amendments
• State Sector Act 1988
• Harassment Act 1997
• Protected Disclosures Act 2000
• Privacy Act 1993
CONSULTATION
HUD’s Speak Up policy has been developed in consultation with the PSA.
ADVICE AND HELP
Please talk to your Manager or People and Culture Business Partner for more information.
POLICY REVIEW
Approver: Senior Leadership Team
Owner: Head of People and Culture
Review: March 2021
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APPENDIX ONE: FURTHER INFORMATION & GUIDANCE
What is unwelcome behaviour?
• Any behaviour that a person experiences that may make them feel uncomfortable or unsafe may be
considered as unacceptable. At HUD this covers any form of discrimination, bullying, violence or harassment
however it may also be experienced as other behaviours too.
• If you experience behaviour that you don’t find acceptable, or witness it happening to someone else, please
speak up.
• Please see a definition of terms in Appendix 2 for more detail.
How can I deal with unacceptable behaviour?
• If you experience or witness what you consider to be unacceptable behaviour you can challenge this directly
in a constructive, non-threatening way with the person who you think has behaved inappropriately.
• If you are not comfortable to do this then you can raise your concerns as soon as possible with an
appropriate person. This may be:
o The person’s manager
o Your own manager
o A DCE
o People and Culture
If I have questions or need to talk to someone about this who do I contact?
• We encourage all HUD people to be able to go and speak openly with their Manager. If you can’t do this or
prefer not to then you can contact your People and Culture Business Partner. DCE’s are available for you to
raise concerns with if you want to also.
• If you are a PSA member you may contact them for advice and support. You can also reach out to your PSA
delegate.
• You can always contact EAP as well for confidential, free advice 24/7.
I am a manager and I am not sure how to handle a report of unacceptable behaviour. What do I do?
•
If someone raises a complaint or concern about unacceptable behaviour with you please take this seriously
and treat it impartially, sensitively and confidentially.
• It is ok to not be sure on how to respond. The important thing is that you get advice and support to do this.
Please reach out to your DCE and your People and Culture Business Partner for guidance.
• Please also ensure that the person who is raising an issue is aware of support they can access and that we
care for their wellbeing and will handle this promptly and privately.
If I want to make a formal complaint about unacceptable behaviour what do I do? How will it be handled?
• HUD respects the rights of our people to make a formal complaint if they wish to. All complaints received
will be treated seriously and sensitively.
• A formal complaint will ideally be in writing and should include the following information:
o Name of who is alleged to have behaved in an unacceptable way
o Description of what occurred
o Date, time and location of the event/s
o Any witness/es who may have heard or seen what occurred
o Impact of the alleged behaviour - how the situation made you feel
o Any thoughts you may have on how this could be resolved
• A complaint can be made to your Manager, your People and Culture Business Partner or another Manager
you trust.
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• All formal complaints received will be notified to People and Culture.
• Any complaint will always be carefully considered and investigated appropriately. How this is done may be
different from one situation to the next as no one event may be like another. What will be ensured though is
the sensitive handling of the complaint. If, through investigation, it is found that unwelcome behaviour has
occurred this may lead to disciplinary action in line with HUD’s Code of Conduct.
• It is important to know that if a formal complaint is made then the person making the complaint is not able
to remain anonymous. HUD will follow a “natural justice” process and that means anyone being investigated
has the right to know the identity of anyone who has complained about them.
• We will do all we can to make this as comfortable and safe as possible given the circumstances as it is
important that this doesn’t stop people speaking up because unacceptable behaviour is never ok.
• It is also important to understand that complaints must be genuine. Any complaints made that are
unfounded or malicious may be cause for disciplinary action.
I have had someone complain about my behaviour, saying it is unacceptable. What happens now?
• HUD will always treat all parties to a complaint with respect and dignity.
• Complaints are always carefully considered and appropriately investigated so you will likely be asked to
attend a meeting and answer some questions. You are welcome to bring a support person to any meetings
which may be a PSA delegate if you are a member and choose that.
• It is important to us at HUD that all people are treated fairly and with due process no matter what the
situation is.
• We understand that having an allegation against you may be upsetting we want you to know you have
support. You can contact EAP free of charge for confidential support.
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APPENDIX TWO: DEFINITION OF TERMS
Unacceptable
• Harassment (of any kind)
behaviour
• Bullying (behaviour that meets the definition of bullying)
• Violence of any kind
• Discrimination (of any kind)
•
Any other form of unwelcome or inappropriate behaviour.
Harassment
Harassment is any unwelcome verbal or physical behaviour, conduct or display of
material that has no legitimate workplace function and that has the effect of offending,
humiliating or intimidating another person in the workplace. A person behaving in such a
way may consider it good natured behaviour, but it is harassment if the person on the
receiving end considers it unwelcome. Harassment is not:
• friendly banter or light-hearted exchanges
• occasional compliments
• behaviour which is based on mutual friendship or respect
• interaction which is consensual, welcome and reciprocated.
Harassment can involve the actions of an individual or a group and can be from a
colleague, manager, staff member, member of the public, contractor, agent or a person
that a staff member meets in their official capacity. It includes behaviour that occurs at
work or between workplace participants in settings outside the workplace. Harassment
can occur through the inappropriate use of devices such as phones and computers.
Sexual and racial harassment have specific definitions set out in the Employment
Relations Act 2000 and the Human Rights Act 1993.
Employment Relations Act 2000:
S108 An employee is sexually harassed when an employer or representative of the
employer directly or indirectly makes a request for any kind of sexual activity with
and implied or overt promise of preferential or detrimental treatment in
employment or threatens current or future employment by use if language, visual
material or physical behaviour of a sexual nature.
Sexual harassment may also be committed by co-workers or customers.
S109 An employee is racially harassed in their employment if the employer or a
representative of the employer uses language (written or spoken), visual material,
or physical behaviour that directly or indirectly expresses hostility, is
contemptuous of, or ridicules the employee on the grounds of the employees’
race, colour, ethnicity or national origins of the employee. Racial harassment also
occurs if the language, visual material or physical behaviour is hurtful or offensive
or where the actions by their nature or through repetition have a detrimental
effect on the employee.
Human Rights Act 1993
S61 It is unlawful to publish or distribute or broadcast material that is threatening,
abusive or insulting to excite hostility against or bring into contempt and group or
individual on the grounds of colour, race, or ethnic or national origins.
S63 It is unlawful to use language, visual material, or physical behaviour that expresses
hostility against, brings into contempt or ridicule, or is hurtful or offensive to a
group or a person on the grounds of colour, race, or ethnic or national origins.
S62 It is unlawful in respect of employment matters to make a request for sexual
activity containing an implied or overt promise of preferential treatment or threat
of detrimental treatment. It is also unlawful in respect of employment matters to
use language, visual material of physical behaviour of a sexual nature.
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Bullying
WorkSafe defines workplace bullying as repeated and unreasonable behaviour directed
towards a worker or group of workers that can lead to physical or psychological harm:
• repeated behaviour is persistent and can involve a range of actions over time
• unreasonable behaviour means actions that a reasonable person in the same
circumstances would see as unreasonable. It includes victimising, humiliating,
intimidating, threatening, shunning/by-passing a person directly or indirectly.
A single incident of unreasonable behaviour is not considered workplace bullying, but it
could escalate and should not be ignored. It might, however, be harassment or
discrimination - they have their own definitions and are explained in this policy.
The following is not bullying:
• one-off or occasional instances of forgetfulness, rudeness or tactlessness
• setting fair and reasonable performance standards
• constructive feedback and legitimate advice or peer review
• a manager requiring reasonable work instructions to be carried out
• warning or disciplining staff in line with our code of conduct
• a single incident of unreasonable behaviour
• differences of opinion and disagreements
• performance management conversations or processes conducted honestly and
respectfully.
Reasonable management actions directed to a staff member can’t be construed as
bullying if they’re delivered in a reasonable way.
Violence - of any kind
Violence is any incident in which a person is abused, threatened or assaulted by
someone else. Violence can be verbal (including, for example, verbal abuse, threats,
shouting, swearing) or physical (including, for example, stalking, throwing objects,
hitting, damage to property).
Where appropriate, violence in the workplace will be referred to the Police.
Discrimination
Staff are discriminated against in their employment where they are, for reason of a
prohibited ground/s for discrimination:
• not given the same terms of employment, conditions of work, benefits, or
opportunities for training, promotion, and transfer as are made available to others in
HUD of the same or substantially similar qualifications, experience, or skills
employed in the same or substantially similar circumstances; or
• dismissed or disadvantaged, in circumstances in which others employed by HUD on
work of that description are not or would not be dismissed or disadvantaged.
Employment Relations Act 2000
S104 Discrimination in employment occurs when an employee is not afforded the same
terms and conditions of employment. Benefits or opportunities as other
employees of the same or similar qualifications, experience or skills, or subjects
the employee to detriment, requires them to retire or resign on the basis of a
prohibited ground.
S105 the prohibited grounds include sex, marital status, religious belief, ethical belief,
colour, race, ethnic or national origin, disability, age, political opinion,
employment status, family status, sexual orientation.
Human Rights Act 1993
S22 It is discrimination in employment to refuse or omit to employ someone, to offer
or afford them less favourable terms and conditions of employment/benefits/
opportunities etc, or to terminate employment, or to retire or cause to retire or
resign in respect of an employee on any of the prohibited grounds of
discrimination.
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S21 The prohibited grounds include sex, marital status, religious belief, ethical belief,
colour, race, ethnic or national origins, disability, age, political opinion,
employment status, family status, sexual orientation. These grounds are explained
in more detail in this section of the Act.
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Document Outline
- Addressing conduct & behaviour Feb2020.pdf
