513121246 : MSD Client Number

Discrimination

At the very least, there will be increased stress at work. In some cases there
might be very serious emotional problems, including severe loss of self-esteem
and confidence. There can also be lasting physical and psychological damage.
Discrimination might also impact the individual's reputation, or slow or damage
his or her career path .

Discrimination, harassment and bullying can impact the workplace in a number of

ways, including:

 Increased absenteeism (resulting from employees avoiding work in order

to avoid the discriminatory behaviour or harassment);
 Lowered morale amongst staff due to a sense of abandonment that
management isn’t doing anything to stop the behaviour;
 Decreased productivity and work quality; or
 Unnecessary and unwanted resignations

There is likely to be a breakdown in communication and trust. If the conduct

and its consequences become public, there is a risk of serious negative media
exposure for the organisation.
As a manager, are you confident no one minds that kind of humour, or do you feel
you should say something?

You can't be sure that the joke-telling did not offend someone. Employees have been known
to join in the banter in an attempt to please management, even when they find the humour
offensive.
For some employees, joining in can be a means of getting by, but they may well prefer not to
be placed in such a situation. Coupled with other concerns, incidents like joke-telling could
snowball into bigger problems at a rapid rate. This isn't to say that morning teas and other
gatherings need to become sombre occasions - but thought needs to be given to the
environment. 

It's management's responsibility to speak up or change the topic - many employees

will lack the confidence to take this step.
 Not all discrimination is unlawful. Exceptions might apply in some situations.

One exception might apply if a person is unable to fulfil the inherent requirements of a
particular job, e.g because of a disability or a carer's responsibilities or age.

Watch the video below to view an example of an exception.

Disability is a protected ground, and it is not lawful to discriminate on the basis

of disability generally.  However, Jane's injury meant that she can no longer
perform her role, and it is lawful to bring her employment to an end following a
proper process, if there is no other role for her within the business. 

 Our approach to unlawful discrimination, harassment and bullying; and

 The conduct of people within the workplace.
Benefits
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Job offer
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Job Ad
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Promotion
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Training
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Dismissal
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Managers have a responsibility to comply with discrimination laws in all these areas
of the work relationship.
Managers also have a responsibility to endeavour to ensure that employees comply
with discrimination law in all areas of the working relationship. Managers must play a
role in ensuring the effective implementation of the organisation's approach to
discrimination, harassment and bullying.

This includes:
  Ensuring that employees for whom they are responsible are
aware of the organisation's approach; and
 Ensuring that policy statements are available to all employees -
including people from non-English speaking backgrounds or
those with a disability.

Reinforcement of the policy is also a management responsibility.

Here are some things Managers should do

Counsel
Click to flip
Counsel workers about their behaviour and how it could be perceived by others
Click to flip
Remove
Remove from the workplace any material which could be potentially offensive
Be available
Be available to staff who wish to seek advice on whether behaviour they are being
subjected to is reasonable

Requests for flexible work arrangements

Under the Employment Relations Act 2000 (ERA 2000), all employees have the right
to request a variation in their working arrangements.
Employees are able to make a request at any time and there are no limits on the number of
requests an employee can make. A request must be in writing.
Let's take a look at the rules to be followed when making a request. The request
must:

 1

State the employee’s name, the date on which the request is made and that
the request is being made under Part 6AA of the ERA2000.

 2

Specify the requested variation to the employee’s working arrangements

and whether the variation is permanent or for a period of time only.

 3

State the employee’s proposed date on which the variation will commence
and if relevant, the date on which the variation will end.
 4
Explain, from the employee’s perspective, what changes, if any, the
employer may need to make to their own arrangements if the request is
approved.
Employers must consider requests as soon as possible, but not later than one month after

receiving it.  An employer must notify the employee in writing whether the request has been

approved or refused.

If an employer refuses a request, they must state in writing to the employee:

 that the request is refused due to a specific ground in the ERA 2000;
 the name of the specific ground for refusal; and
 the reasons for that ground of refusal.

The ERA 2000 specifies the following grounds upon which an employer may refuse a
request:
 Inability to reorganise work among existing staff;
 Inability to recruit additional staff;
 Detrimental impact on quality;
 Detrimental impact on performance;
 Insufficiency of work during the periods the employee proposes to work;
 Planned structural changes;
 Burden of additional costs; or
 Detrimental effect on ability to meet customer demand.
 Penalties in relation to flexible working requests


 An employer who does not respond to an employee’s request correctly is

liable to pay a $2,000 fine to the affected employee.
 Additionally, if an employer does not deal with a request correctly, the matter may be
referred to a Labour Inspector, then to mediation, and then to the ERA.


 An employee may also choose to bring a personal grievance against their

employer for unjustified disadvantage in the course of their employment.