Effective from August 2017
Approved by: Chief Executive Officer
Five Good Friends will not tolerate sexual harassment or victimisation. We are committed to taking all reasonable steps to prevent employees, volunteers, independent contractors and subcontractors (collectively, workers) from committing acts of sexual harassment or victimisation in connection with his or her employment, contract or duties. In this regard, adoption and implementation of this policy is an important preventative step.
Acts of sexual harassment or victimisation occurring after work or away from the workplace may still have a relevant connection with a worker’s employment or duties. This policy applies to any conduct occurring after office hours or away from the workplace, including at social activities, where there is a possible connection with the organisation.
This policy is separate from employment contracts. Our compliance with this policy does not affect contractual obligations owed by the Company to its workers. Workers who do not comply with it will face disciplinary action, which may include dismissal.
This policy explains what sexual harassment or victimisation is, what you can do to prevent it from occurring, and what you can do to address sexual harassment or victimisation that has occurred.
Sexual harassment - unwelcome conduct of a sexual nature. However, unwelcome conduct of a sexual nature will only be sexual harassment if it occurs in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person being harassed would be offended, humiliated or intimidated by the conduct. The actual motives or intentions of the person engaging in the conduct are irrelevant. For example, a reasonable person might anticipate that a person who is in a settled relationship is highly likely to be offended by an unwelcome sexual advance made by a coworker.
The relationship between the person harassed and the person who engaged in the unwelcome conduct of a sexual nature is also relevant to the question of whether the conduct is sexual harassment. For example, a reasonable person might anticipate that unwelcome conduct of a sexual nature engaged in by a senior manager of the organisation in relation to a worker under his or her supervision is highly likely to humiliate or intimidate that worker.
Other relevant circumstances might include the age, marital status or religious belief of the person harassed. Conduct of a sexual nature in relation to another person includes:
a sexual advance or a request for sexual favours to that person
conveying a message with content of a sexual nature to that person, or in the presence of that person (whether by SMS, email, in person or otherwise)
staring, leering or unwelcome touching of that person, such as kissing, touching in a sexual manner, patting, pinching or unnecessary familiarity, such as deliberately brushing against the person
issuing gender-based insults or obscene gestures to that person, wolf-whistling or taunting that person
directing suggestive comments, innuendo or intrusive questions about that person’s private life or body
displaying obscene or pornographic material to, or near, that person, and