Discrimination & Harassment Policy

06-11-2025

Workplace discrimination and harassment policy

1. Scope 

This policy applies to: 

• all staff, including managers and supervisors; 

• how Man With A Van provides services to customers and how it interacts with other members of the public; 

• all aspects of employment, recruitment and selection; conditions and benefits; training and promotion; task allocation; shifts; hours; leave arrangements; workload; equipment and transport; 

• on-site, off-site or after hours work; 

• work-related social functions; 

• wherever and whenever staff may be as a result of their duties as employees of Man With A Van; 

• staff treatment of other staff, of customers, and of other members of the public encountered in the course of their work. 

2. Aims 

Man With A Van is committed to providing a safe and respectful environment for staff and customers free from all forms of discrimination, bullying and sexual harassment. 

By effectively implementing our Workplace discrimination and harassment policy we will attract and retain talented staff and create a positive environment for staff. 

It is your obligation to ensure you understand how this policy applies to you. 

If you have any queries or are uncertain about anything outlined in this policy and need more information please discuss with your manager or workplace HSR (link required). 

3. Staff rights and responsibilities

All staff are entitled to: 

• work free from discrimination, bullying and sexual harassment; 

• the right to raise issues or to make an enquiry or complaint in a reasonable and respectful manner without being victimised; 

• reasonable flexibility in working arrangements, especially where needed to accommodate their family responsibilities, disability, religious beliefs or culture. 

All staff must: 

• follow the standards of behaviour outlined in this policy; 

• offer support to people who experience discrimination, bullying or sexual harassment, including providing information about how to make a complaint; 

• avoid gossip and respect the confidentiality of complaint resolution procedures;

All Man With A Van staff are required to treat others with dignity, courtesy and respect. 

3.1 Additional responsibilities of managers and supervisors 

Managers and supervisors must also: 

• model appropriate standards of behaviour; 

• take steps to educate and make staff aware of their obligations under this policy and the law; 

• intervene quickly and appropriately when they become aware of inappropriate behaviour; act fairly to resolve issues and enforce workplace behavioural standards, making sure that all concerned parties receive a fair hearing; 

• help staff to resolve complaints informally; 

• refer formal complaints about breaches of this policy to the appropriate manager for investigation; 

• ensure that staff who raise an issue or make a complaint are not victimised; 

• ensure that recruitment decisions are based on merit. 

• not recruit persons who show a contempt for the standards of behaviour laid out in this policy 

• have a duty of awareness for inappropriate behaviour

4. Unacceptable workplace conduct 

Discrimination, bullying and sexual harassment are unacceptable at Man With A Van and are unlawful under various state and federal legislation. Some of the relevant legislation includes: : 

Sex Discrimination Act 1984 (Cth) 

Racial Discrimination Act 1975 (Cth) 

Disability Discrimination Act 1992 (Cth) 

Age Discrimination Act 2004 (Cth) 

Australian Human Rights Commission Act 1986 (Cth).

Staff (including managers) found to have engaged in such conduct will be required to undergo appropriate conduct management procedures which may include being counselled, warned or disciplined. Severe or repeated breaches can lead to formal disciplinary action up to and including dismissal and contract termination for non-employees. 

4.1 Discrimination 

Discrimination is treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by the law (“protected attributes” of a person). These protected attributes under relevant state and federal legislation include: 

• age 

• colour 

• descent or national or ethnic origin 

• disability/impairment 

• industrial activity/inactivity 

• lawful sexual activity/sexual orientation or preference 

• profession, trade or occupation 

• gender identity 

• marital status, including de facto 

• physical features 

• political belief or activity 

• pregnancy/breastfeeding 

• race 

• social origin 

• religious belief or activity 

• sex, including intersex status 

• status as a parent or carer 

• personal association with someone of the above attributes 

• irrelevant criminal conviction (under the Australian Human Rights Commission Act 1986 (Cth)). 

Discrimination can occur directly, when a person or group is treated less favourably than another person or group in a similar situation because of a personal characteristic protected by law (see list above). 

For example, 

If a worker is harassed and humiliated because of their race or gender, this is discrimination. 

 Discrimination can also occur indirectly, when an unreasonable requirement, condition or practice is imposed that has, or is likely to have, the effect of disadvantaging people with a personal characteristic protected by law (see list above). 

Proposed examples: 

If a potential staff member is refused an interview "because they have an Indian name", this is discrimination.

If a group of staff at Man With A Van refuse to work with someone "because of their religion", this is discrimination. 

If a male co-worker asks a male customer or co-worker rather than their female coworker to help lift an item, this is discrimination. 

Direct discrimination examples: 

If a Muslim staff member asks to take a short break for Salah, but their co-worker refuses, this is discrimination. 

If an autistic staff member says something socially awkward in front of the client, and their co-worker says to the client, “Never mind them, they’re one of the special people”, this is discrimination. 

If management decides that they will only consider job applications from people over 30 if they have a recent history of working in physically demanding jobs, this is 

discrimination. 

Indirect discrimination examples: 

If management implement a policy that “henceforth start times will be non-negotiable, no exceptions”, and fails to consider staff who cannot take their children to school before 7:30 a.m., this is discrimination. 

If management implement a policy that staff will only be designated as drivers if they sat a driving test in Australia (i.e. if they did not obtain their Victorian licence by converting it from a foreign jurisdiction), this is discrimination. 

It is important to note that from a legal perspective it is irrelevant whether or not the discrimination was intended. 

4.2 Harassment 

Harassment is unwanted, unwelcome, or uninvited behaviour in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the person being harassed would be humiliated, intimidated or offended. It can include, but is not limited to; 

• physical contact 

• jokes, taunts or name calling 

• offensive comments or suggestions 

• displaying discriminatory or offensive images or words 

4.3 Sexual harassment

Sexual harassment is a specific and serious form of harassment. It is unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, spoken or written. It can include, but is not limited to: 

• comments about a person’s private life or the way they look 

• sexually suggestive behaviour, such as leering or staring 

• brushing up against someone, touching, fondling or hugging 

• sexually suggestive comments or jokes, innuendo or stories 

• displaying offensive screen savers, photos, calendars or objects 

• repeated unwanted requests to go out 

• requests for sex 

• sexually explicit posts on social networking sites 

• insults or taunts of a sexual nature 

• intrusive questions or statements about a person’s private life 

• sending sexually explicit emails or text messages 

• inappropriate advances on social networking sites 

• accessing sexually explicit internet sites 

• behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications. 

Just because someone does not object to inappropriate behaviour in the workplace at the time, it does not mean that they are consenting to the behaviour. 

Importantly, it is irrelevant whether or not the harassing behaviour was intended. 

Sexual harassment is covered in the workplace when it happens at work and this can include at work-related events, between people sharing the same workplace, or between colleagues outside of work. It can also include instances where staff are acting as a ‘staff member’ even where they are outside the workplace. 

All staff members have the same rights and responsibilities in relation to sexual harassment. A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated. 

All incidents of sexual harassment – no matter how large or small or who is involved – require employers and managers to respond quickly and appropriately. 

Man With A Van recognises that comments and behaviour that do not offend one person can offend another. This policy requires all staff and volunteers to respect other people’s limits, and treat each other with dignity, courtesy and respect. 

An example of sexual harassment at Man With A Van might be: A worker working with a team mate throughout the day tells them they find them attractive, and asks if they want to go out for a drink after the shift is finished. If this behaviour is unwanted or uninvited, this is considered sexual harassment. 

A worker places their hand on their team mate's back on the way out of the truck, despite there being plenty of room to pass, instead of saying "excuse me" or asking them to move. If this behaviour is unwanted or uninvited, this is considered sexual harassment.

4.4 Bullying 

What is bullying? 

A worker is bullied at work if: 

• a person or group of people repeatedly act unreasonably towards them or a group of workers 

• the behaviour creates a risk to health and safety. 

• Unreasonable behaviour includes victimising, humiliating, intimidating or threatening. Whether a behaviour is unreasonable can depend on whether a reasonable person, having a regard to all the circumstances, might see the behaviour as unreasonable. Bullying can be intentional or unintentional. 

• Examples of bullying include: 

• behaving aggressively 

• yelling and screaming 

• teasing or practical jokes 

• pressuring someone to behave inappropriately 

• withholding information vital for work 

• spreading misinformation or malicious rumours 

• excluding someone from work-related events 

• unreasonable work demands. 

Bullying may also be unlawful under federal and state anti-discrimination legislation where the bullying is linked to, or based on, one of the attributes covered by the various pieces of legislation (for example, age, sex, race, disability, etc.). Bullying can also be illegal (for example, it can result in imprisonment under the Crimes Act 1958 (Vic)). 

What isn't bullying? 

Reasonable management action that's carried out in a reasonable way is not bullying. An employer or manager can: 

• make decisions about poor performance 

• take disciplinary action 

• direct and control the way work is carried out, in a transparent manner. 

Management action that isn't carried out in a reasonable way may be considered bullying. 

How is bullying different to discrimination? 

Discrimination can happen when there's 'adverse action'. 

Adverse action includes firing or demoting someone because of a person's characteristics, like their race, religion or sex. 

Bullying at work happens when: a person or group of people repeatedly act unreasonably toward a worker or a group of workers and the behaviour creates a risk to health and safety.

An example of bullying at Man With A Van might be: "A mover is assigned to work with a certain team mate who continually tells them they are "hopeless" at the job, but who refuses to provide any useful feedback or instruction on how to improve their work performance. This person is then overheard telling other staff members not to work with them "because they're hopeless". 

In some cases, bullying and discrimination can occur together. For example, where the unreasonable behaviour is linked to a protected attribute. 

4.4 Victimisation 

Victimisation is subjecting or threatening to subject someone to any detriment because they, or someone associated with them, have asserted their rights under equal opportunity law, made a complaint, helped someone else make a complaint, or refused to do something because it would be discrimination, sexual harassment or victimisation. Victimisation is against the law. 

It is also victimisation to threaten someone (such as a witness) who may be involved in investigating an equal opportunity concern or complaint. 

Victimisation is a very serious breach of this policy and is likely (depending on the severity and circumstances) to result in formal discipline against the perpetrator. 

An example of victimisation at Man With A Van might be: 

"After Chris helped Elisha lodge a bullying complaint against their manager, Chris noticed they were no longer rostered on to the same number of shifts as they were before, despite their availability remaining the same". This is victimisation. 

4.5 Gossip 

It is unacceptable for staff at Man With A Van to talk with other staff members, clients or suppliers about any complaint of discrimination or harassment. 

Breaching the confidentiality of a formal complaint investigation or inappropriately disclosing personal information obtained in a professional role (for example, as a manager) is a serious breach of this policy and may lead to formal discipline. 

4.6 Inappropriate language and behaviour 

Man With A Van has a diverse workforce, and we recognise that using appropriate and inclusive language is important to all staff.

Inclusive language is the words and phrases you use that avoid biases, slang, and expressions that discriminate against individuals and/or groups of people. Using language that is not inclusive, could be considered discriminatory. Inappropriate and exclusive language includes, but is not limited to: 

• Gendered language and gender-specific words 

• Stigmatising language 

• Sexual comments and innuendos 

• Slurs 

• Insults 

Examples of this can include: 

- refusing to use a persons correct pronouns and/or dead naming them 

- Addressing a group of people with masculine language e.g “boys”, “lads”, “fellas” - Using ablest, racist, homophobic words to describe a negative experience 

- Telling jokes with sexist or mysogynistic undertones 

Inappropriate language can be used with or without the intent to intimidate, belittle and harass other staff members. It can be a form of bullying, harassment and discrimination. 

Pronoun use has a place in our company. Staff should respect their co-workers use of pronouns such as "he/him, "they/them", "she/her". 

5. Resolving issues at Man With A Van 

Please see this link for Man With A Van's Internal Complaints Process 

6. Relevant links

Reporting an Unsafe Working Environment

Traumatic Response Policy

Injury Policy

7. More information 

If you have a query about this policy or need more information please contact a manager or health and safety representative.

8. Review details 

This policy was adopted by Man With A Van on 3 June 202. This policy was last updated on 06/11/25.