Harassment

Harassment



Applies to: all NLG team

Harassment

Introduction

The Company is committed to providing a work environment that is safe and healthy for all of us, this means one that is free from any form of harassment. All employees, suppliers and customers have a right to be treated with equal values, fairness and decency.

Any action or inaction, communication or behaviour that could reasonably be interpreted as harassment, will not be tolerated. Harassment fails to respect basic human rights and may constitute unlawful discrimination.

Harassment is considered to be serious misconduct and may result in dismissal without notice.

Harassment can take many forms and may be silent or loud, subtle or openly hostile, it can be private or public. It may take the form of general bullying, or be specifically aimed at people with particular or different characteristics. Harassment may occur as a series of incidents, persistent innuendoes or threats.

Reporting Harassment

Any employee who feels they are being subjected to harassment has the assurance that they can report the facts without fear of being victimised or putting their future with the Company in jeopardy.

Employees who raise complaints of bullying or harassment are expected to act in good faith. Malicious or fabricated complaints will be viewed very seriously by management and may lead to disciplinary action that could include dismissal.

Personal Responsibility

Managers and employees alike must take all reasonable steps to ensure that our work environment is free from harassment. This can be achieved through adhering to appropriate standards of behaviour and cultivating an environment in which all of us feel valued and respected.

Definition

Harassment is physical, verbal or visual conduct that is unwelcome, uninvited, unwarranted or offensive behaviour that offends, humiliates or intimidates another person. Harassment may include:
  • Offensive language
  • Racist comments or ridicule
  • Suggestive remarks about your personal life
  • Leering, touching or pinching
  • Offensive printed material
  • Abuse of power to humiliate
  • Comments or gestures of a sexual nature that include:
            - implying or promising preferential treatment in that employee’s employment
            - implying or threatening detrimental treatment in that employee’s employment
            - implying or threatening the present or future employment status of that employee
            - using words (whether written or spoken) of a sexual nature, or by
            - physical behaviour of a sexual nature
            - misuse or display of visual or pictorial material of a sexual nature

Behaviour constituting harassment is often a matter of perception, interpretation and tolerance for what is considered ‘acceptable behaviour’ may vary widely among individuals.

Harassment is not:
  • Occasional compliments
  • Behaviour based on mutual attraction
  • Developing friendships, sexual or otherwise between consenting adults

Victimisation

When people have made complaints about harassment or even supported someone who has made a complaint, they are sometimes subjected to pressure, adverse comment, isolation or other behaviours that show disapproval of their having made the complaint.

This is victimisation and it is not tolerated at the Company.


Investigation Procedure

1. Receipt of complaint The Company will perform a very brief preliminary investigation to establish if there is any substance to the allegation.
2. The Company will inform those directly involved
        -     From this point forward start taking notes of all conversations had
        -     If there is absolutely no foundation to the allegations, provide feedback to the Complainant to that effect, end of process.

The Company will talk to the Complainant and explain the following:
We are taking this matter seriously
Please keep this matter confidential
There will be consequences as a result of the process

We want to protect the person in any way possible. Are they OK with being in the business with the Complainant? If not, we will remove one of them on full pay pending the outcome of the investigation process (not suspension, just say go home until we contact you again).
If you have any questions regarding the process, don’t hesitate to ask.

The Company will talk to the Accused and explain the following:
Some allegations have been made against you of a sexual harassment nature (do not go into details).
We will be conducting a thorough investigation.
The Company takes the allegations very seriously.
Please keep this matter confidential and do not discuss this with the Complainant at all.

If you have any questions regarding the process, don’t hesitate to ask

3.  A Regional Manager, or Senior Manager in the case of the Support Office, and HR will become involved in the situation

4.  The Company will make investigating the allegations their highest priority, to be dealt with immediately.

5.  The Company will formally investigate and interview all team members (Regional Manager and Store Manager, or Senior Manager in the case of the Support Office, to conduct). All statements are confidential and will not be discussed

6.  Information collected will be reviewed thoroughly.

7.   If the allegations are founded, the disciplinary process will be initiated (serious misconduct).  If the allegations are not true, provide feedback to the Complainant and the Accused to that effect with details.

8. Complete the disciplinary process and deliver the outcome.

9. Give feedback of the process to the Complainant.

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