TVNZ Harassment Prevention and Complaint Management Policy Al printed copies are uncontrol ed
Harassment Prevention
and Complaint Management Policy
INTRODUCTION
At TVNZ we recognise that al forms of harassment are unacceptable, and we’re
committed to ensuring appropriate standards of conduct are maintained in the
workplace. This policy provides information about what constitutes harassment and about
the process to fol ow to resolve complaints.
POLICY
TVNZ is committed to providing a safe working environment - ensuring employees,
contractors, clients and visitors are treated with respect and dignity.
TVNZ wil ensure that al employees are aware of what constitutes harassment and
what they should do if they have a complaint.
TVNZ is committed to the prevention of al forms of harassment in the workplace and
wil take every reasonable step to prevent the occurrence and recurrence of
harassment of its employees by other TVNZ employees or clients.
No employee shal harass another employee, or client of TVNZ. Harassment may
constitute misconduct or serious misconduct and offending employee/s may be
disciplined and/or dismissed.
No person shal be victimised for making a complaint of harassment in good faith.
Victimisation of any employee or client who makes a complaint of harassment or any
person who helps an employee or client to make a complaint is deemed to be serious
misconduct and offending employees may be disciplined and/or dismissed.
Any employee who has a concern about the behaviour of a manager, co-worker,
or client is assured that their complaint wil be taken seriously, treated
confidentially and investigated quickly and fairly.
DEFINITION
Harassment is a form of discrimination and is unlawful under both the Employment
Relations Act 2000 and the Human Rights Act 1993.
Harassment of any kind is broadly defined as:
Any behaviour directed towards an individual or group that a reasonable person, having
regard to the circumstances would expect to insult, intimidate, victimise or disadvantage
the recipient, and which is;
Unwelcome, hurtful or offensive to the recipient; and is
Repeated, or is of such significance as to adversely affect the recipient’s
employment or wel -being.
Harassment may include, but is not limited to the fol owing:
Unwelcome and suggestive scrutiny of physical characteristics
Improper suggestions, physical closeness or contact, stalking, verbal innuendoes,
and jokes or comments of a sexual, racial or offensive nature
Mocking remarks about appearance, race, colour or speech
Ef ective Date: 01 July 2017 1
TVNZ Harassment Prevention and Complaint Management Policy Al printed copies are uncontrol ed
Display of offensive printed or electronic material
Bul ying
LEGAL POSITION
Harassment is unlawful under both the Employment Relations Act 2000 and the
Human Rights Act 1993. TVNZ and individuals who harass may be legally liable if
harassment occurs. In addition, many of the things that constitute harassment are
also offences or crimes.
HARASSMENT
Harassment includes but is not confined to the fol owing categories:
Discrimination
Conduct which is likely to result in less favourable treatment, or create a less favourable
environment, for any person/group than for another under similar circumstances, by
reason of any of the prohibited grounds set out in the
Human Rights Act 1993 including
race, colour, ethnic or national origin, gender age, disability, physical appearance, marital
or family status, religion, ethical belief, union affiliation, political opinion or sexual
orientation.
Discrimination may arise from official statement, actions, omissions, decisions or policies as
wel as from informal or personal statements or conduct. It may also be indirect, that is it
may have the effect of treating someone differently on a prohibited ground, even if the
discrimination is not explicit.
Sexual Harassment
Sexual Harassment may occur irrespective of the recipient’s gender and includes:
Unwanted or offensive attention of a sexual y oriented nature
Implied or express promise of reward for complying with a sexual y oriented request
Implied or expressed threat of reprisal for not complying with a sexual y oriented
request.
It is either repeated, or of such a significant nature, that it has a detrimental effect on
the recipient
Examples of Sexual Harassment: include but are not restricted to:
Verbal behaviour: persistent sexual innuendo, sexual or smutty jokes, name-cal ing,
questions about a person's private life, requests for dates or sexual activity, wolf
whistles, obscene telephone cal s
Visual and written material: graffiti, suggestive or obscene letters, display or
unwanted exposure to sexual material in the form of posters, calendars, magazines,
computer games, screen savers and other computer images
Physical behaviour: offensive hand or body gestures, peeping or exposure, or any
unwanted physical contact
Any such behaviour that is unwelcome or offensive to the recipient
Racial Harassment
It is unlawful for any person to use language (whether written or spoken), or visual
material, or physical behaviour that:
Express hostility against, or brings into contempt or ridicule, any other person on the
grounds of the colour, race or ethnic or national origins of that person; and
Is hurtful or offensive to that other person (whether or not that is conveyed to the
first-mentioned person); and
Ef ective Date: 01 July 2017 2
TVNZ Harassment Prevention and Complaint Management Policy Al printed copies are uncontrol ed
Is either repeated, or of such a significant nature, that it has a detrimental effect on
that other person
Examples of Racial Harassment include but are not restricted to:
Verbal behaviour: derogatory comments, name-cal ing or nick-names made on the
basis of a person's race, colour or accent; "jokes" which ridicule or portray individuals of
certain races or nationalities in a demeaning way
Visual and written material: racist graffiti or the use or display of racist propaganda
Physical behaviour - ostracising a person because of their race, colour, national or
ethnic origins, physical assault of a person on the grounds of their race
Where such behaviour is hurtful or offensive to the person experiencing it.
Personal Harassment:
Personal harassment means any behaviour by an employee or client of TVNZ, which
explicitly or implicitly intimidates, humiliates, undermines or dominates another person; or
involves the use of abusive and/or threatening language, verbal or physical threats, or any
form of physical assault.
Abuse of Managerial Authority:
Abuse of Managerial authority means conduct by a manager in relation to an employee
who reports to them or over whom they have supervisory authority and which:
Intimidates, humiliates or undermines another person by belittling them, or
excessively, destructively or inappropriately criticising or reprimanding them, or
excessively scrutinising their work; or
Makes demands that are unreasonable or outside the other person’s role; or
Makes a demand to perform an action that is in breach of the principles of any policy
of TVNZ
Bul ying
Bul ying is a form of personal or managerial harassment, as described above, which is
characterised by repeated and persistent, abusive, intimidating, malicious or insulting
behaviour and has an effect on upon a person’s dignity, sense of safety or wel -being.
Overt bul ying can include, for example:
Threats and intimidation
Manipulation and coercion
Verbal abusive or degrading language or gestures
Belittling remarks either to the recipient or behind their back
Unjustified threats of dismissal or other disciplinary action
Covert bul ying can include acts such as, for example:
Deliberately overloading someone with work and imposing impossible deadlines
Constantly changing targets or work guidelines
Isolating or ignoring an employee on a consistent basis
Changes in the duties or responsibilities of an employee to their detriment
without reasonable justification
WHAT HARASSMENT IS NOT
Occasional differences of opinion, conflicts and problems in working relations are a
part of working life and do not constitute bul ying or harassment.
Workplace counsel ing, managing underperformance, or other legitimate action in
accordance with departmental policy and procedures, are not bul ying or harassment.
Specific types of non-harassment are:
Mutually acceptable light-hearted exchanges, jokes and compliments
Friendships, sexual or otherwise, where both people consent to the relationship
Ef ective Date: 01 July 2017 3
TVNZ Harassment Prevention and Complaint Management Policy Al printed copies are uncontrol ed
Assertively expressing opinions that are different from others
Free and frank discussions about issues or concerns in the workplace, without
personal insults
Issuing reasonable instructions and expecting them to be carried out
Insisting on high standards of performance in terms of quality and timeliness of
work
Insisting on high standards of performance in terms of safety and team
cooperation
Legitimate criticisms about work performance
Giving negative feedback, including a performance appraisal, and requiring
justified performance improvement
Warning or disciplining someone in line with organisation policy
Targeted affirmative action policies, or reasonable accommodation and provision
of work aid for employees with disabilities
HARASSMENT PREVENTION AND COMPLAINT MANAGEMENT
Where TVNZ has information to suggest that any form of harassment or
discrimination might occur or recur, TVNZ has a duty under the Human Rights Act
1993 to prevent this.
The formal process of complaint and remedy is at the option of the employee, and
includes:
TVNZ's internal procedure
The Employment Relations Act (2000) Personal Grievance procedure; or
The Human Rights Act (1993) complaint provisions
TVNZ’s management includes:
Providing information for employees on what constitutes harassment and the process
to fol ow if they need to make a complaint.
Ongoing review of TVNZ’s complaints procedure.
UNSUBSTANTIATED ALLEGATIONS
The possible consequences for someone accused of harassment are severe.
Therefore an al egation of harassment against another employee which is found to be
malicious and or unfounded could itself be considered an act of harassment.
An unsubstantiated al egation which is found to be malicious and/or unfounded may
result in disciplinary action against the complainant.
This should in no way discourage an employee from making a legitimate complaint.
COMPLAINTS PROCEDURE RESPONSIBILITIES
Contact Person Responsibilities
A contact person can be a trusted col eague, a manager, a People & Talent business partner
or one of the exec team.
It is the contact person’s responsibility to:
Act on any harassment concerns immediately, with empathy and in line with this
complaints procedure
Ensure that complainants are not victimised for exercising their right to make a
complaint
Where a contact person is uncertain of how to deal with a complaint, they should refer
the matter immediately to one of the exec team or to their People & Talent business
partner.
Ef ective Date: 01 July 2017 4
TVNZ Harassment Prevention and Complaint Management Policy Al printed copies are uncontrol ed
Approaches to contact people are made in confidence subject to the fol ow
paragraph (Limitation regarding confidentiality) of this procedure.
Limitation regarding confidentiality
If, after speaking with a potential complainant, a contact person believes the
complainant or other people may be at risk of harassment if no intervention occurs,
he/she may approach an exec team member or People & Talent business partner in
confidence, and discuss the concern. It may be that even without the complainant’s
consent TVNZ wil have to intervene or investigate if it appears that a serious incident
has taken place which puts either the complainant or other employees at continued
risk of harassment.
Complainant Responsibilities
The role of the complainant is to either fol ow the self-help procedure or approach a
contact person as soon as they feel they are being subjected to harassment.
They can then receive help to identify the behaviour and the options open to them.
The complainant may need to provide details of the behaviour in either verbal or
written form and may need to indicate a preference of one of three options for
dealing with a complaint of harassment.
People & Talent Responsibilities
The role of People & Talent is to ensure any complaints are dealt with fairly and
impartial y, and to monitor and address any trends in relation to harassment.
People & Talent business partners may also be responsible for liaison with the manager
and the complainant to advise on the need to intervene or investigate and to decide if
the al eged harasser should be approached.
Depending on the severity of a complaint, the People & Talent business partner may be
required to investigate and decide if intervention is required in a case where there is a
continued risk of harassment, even without a complainant’s consent.
PROCESS TO MAKE A COMPLAINT
Where the complaint is about the behaviour of a client of TVNZ:
The complainant should report the behaviour directly to their chosen contact person, who
can arrange for an immediate inquiry into the facts of the al egations and, if satisfied that
harassment has occurred, take reasonably practicable steps to prevent recurrence of the
behaviour. Any such steps wil not be to the disadvantage of the complainant in his or her
employment.
Where the complaint is about the behaviour of a manager or co-worker:
Three options are available for dealing with a complaint of harassment from a manager or
co-worker. A complainant may choose any one of these options as their preferred first
choice. Choosing self-help or informal intervention doesn’t stop a complainant from
lodging a formal complaint if their efforts to informal y deal with the problem are
unsuccessful.
1.
Self-help
If the complainant feels immediately able to deal with the problem themselves, or feels
confident enough to do so after discussions with a contact person, this is encouraged.
They should approach the al eged harasser alone or with a friend, explain what behaviour
concerns them and that they do not welcome it and ask that it stops.
2. Management intervention or mediation
If the complainant wishes, another person may intervene on their behalf without a formal
complaint being made and investigated. This could be their manager or their People &
Talent business partner.
Intervention may take the form of mediation. In consultation with the complainant TVNZ
may decide to engage a mediator from an external agency. Any such person wil be
experienced in dealing with harassment issues.
Ef ective Date: 01 July 2017 5
TVNZ Harassment Prevention and Complaint Management Policy Al printed copies are uncontrol ed
The purpose of management intervention or mediation wil be to facilitate a satisfactory
resolution of the problem between the complainant and the person being complained
about.
Management intervention or mediation can be "shuttle" where the parties are not brought
together or “round table" where the parties work through the problem together.
Attendance by the complainant at a "round-table" discussion or mediation must be
voluntary and not made a condition of the process.
Any agreement reached between the parties or between a party and their manager
during informal intervention or mediation wil be made known to and wil be monitored by
the managers of the parties concerned.
Subject to the paragraph below, no disciplinary action wil be brought against a party who
participates in management intervention or mediation, and who reaches and abides by an
agreement reached in management intervention or mediation under these procedures.
Failure by a party to participate in management intervention or mediation or to fulfil
the terms of an agreement under these procedures may be treated as a disciplinary
matter by the manager of the party breaching the agreement.
3. Formal Complaint
A formal complaint should be lodged in cases where:
The complainant wants to make a formal complaint.
The self-help or informal intervention approach has not resolved the problem and the
complainant wants to make a formal complaint.
The al egations are so serious that, if substantiated, they would result in disciplinary
action being taken against the harasser. In these situations the complainant should be
advised that a formal complaint is the most appropriate option.
A formal complaint can be lodged by speaking with a People & Talent business partner, or
a member of the exec team.
A formal complaint wil be investigated by People & Talent, or the Director of People &
Talent may decide to engage an independent investigator from an external agency. Any
such person wil be experienced in investigating harassment issues.
Investigation of a Formal Complaint
The broad procedures are:
The investigator wil interview the complainant. The complainant wil outline and record
their al egations as a formal complaint; they may do this by writing their own letter of
complaint and/or by tel ing their story to the investigator.
The investigator wil provide written notification to the person accused of harassment
that a formal complaint has been made and wil include the details of the al egations.
The person accused of the harassment must be advised that they can have a support
person present at the interview that wil fol ow.
A copy of this Policy should be provided to both the complainant and the person
accused of harassment.
The investigator wil interview the person accused of harassment. The person accused
of harassment must be given an adequate opportunity to respond to the al egations.
The investigator wil interview any persons who may have information relevant to the
complaint. Where a witness reasonably requests confidentiality with respect to their
statement(s) then that confidentiality shal be respected in accordance with the
Privacy Act 1993.
The investigator wil gather or record any physical evidence of the action(s)
complained of.
The investigator wil write a confidential investigation report and within that report
make recommendations as to whether:
the complaint has substance; or
the complaint cannot be established; or
the complaint does not have substance
The investigator wil deliver the investigation report to the Director of People & Talent
who wil make a decision on the complaint. The Director of People & Talent shal
Ef ective Date: 01 July 2017 6
TVNZ Harassment Prevention and Complaint Management Policy Al printed copies are uncontrol ed
communicate their decision in writing to the complainant and to the person accused
of harassment within 7 days of receiving the investigation report.
Either the complainant or the person accused of harassment may, within 14 calendar
days of receiving notification of the decision of the Director of People & Talent, appeal
that decision through their People & Talent business partner.
In al cases where the Director of People & Talent finds that the complaint is
substantiated, the harasser wil be disciplined by their line manager in accordance with
the TVNZ Employment Code. This wil include as a minimum:
An apology to the complainant; and
A formal warning
It may also include any or al of:
Direct counsel ing on behaviour
Attendance at formal counsel ing, therapy or training
Transfer
Dismissal
Where a complaint is substantiated, the complainant must not be transferred as part
of the resolution of a complaint, unless this is what they freely want to do.
Should the investigation of a complaint result in a complaint being found to have been
made maliciously, such complaint wil be considered to be serious misconduct and the
complainant shal be disciplined accordingly.
Where the complaint is by a client of TVNZ, about a TVNZ employee:
The complaint wil be formal y investigated in accordance with the procedures
outlined in the Formal Complaint Procedures above.
Record Keeping
When a formal complaint has been lodged, ful notes should be taken at the time of al
formal interviews, discussions and actions.
If a person approaches a contact person for discussion and information, the contact
person must make a record of the contact - including detail of the complainant and
the al eged harasser, the date and a brief account of the interview including what
action the complainant intends to take.
Al such records of contact concerning harassment complaints must be forwarded to
the People & Talent team, who wil store the document and keep it confidential. In this
way TVNZ can monitor the incidence of harassment and how effectively its
complaints procedures are operating. No information from the complaint record wil
be included in the personal files of either party. Information received that al eges
offensive behaviour wil not be used in any way so as to disadvantage that individual.
However, if a pattern of al eged conduct emerges through an individual being the
subject of enquiry more than once, then People & Talent may invoke management
intervention, mediation or an investigation into al egations against that individual in
accordance with these procedures.
If management intervention or mediation has resolved the issue a record of the
agreement reached wil be kept in a confidential file within People & Talent so that the
agreement can be monitored. No details of the complaint or agreement are to be
entered onto the personal files of either party.
If a formal complaint is made:
If a complaint is investigated and substantiated, then the harasser's personal file wil
contain a summary of the nature of the complaint, the outcome and the penalty if any
disciplinary action is taken.
A ful record of the information obtained during the investigation and the disciplinary
interview wil be kept in a separate, confidential file within People & Talent with
restricted access. No copies of the information shal be held outside People & Talents.
Ef ective Date: 01 July 2017 7
TVNZ Harassment Prevention and Complaint Management Policy Al printed copies are uncontrol ed
No record of the harassment complaint wil be placed on the complainant's personal
file unless it is with the complainant's permission and necessary to explain a work
performance problem.
If a complaint is found not to be proven or cannot be resolved, al records wil be kept
but in a separate, confidential file within people & Talent with restricted access.
DISCLAIMER
Nothing in this policy affects the complainant's and al eged harasser's rights under the
Employment Relations Act 2000 and/or the Human Rights Act 1993.
BREACH OF POLICY
TVNZ wil take appropriate action if this policy is breached. A breach of may result in
disciplinary action being taken, possibly including termination of employment.
FURTHER INFORMATION
Human Rights Act 1996
Employment Relations Act 2000
Health & Safety in Employment Act 1992
Privacy Act 1993
PEOPLE & TALENT SUPPORT
For further support regarding this policy please contact your People & Talent business
partner.
Policy Owner
Director of People & Talent
Policy Effective Date
1 July 2017
Policy Review Date
1 July 2018
Ef ective Date: 01 July 2017 8
