Equal Opportunities Policy

Policy

A formal EEO program operates in Kickstart Coaching to ensure equality of opportunity across the company and the services it provides.

Aims & Objectives of the EEO Program:

The strategic objectives of the EEO program is to integrate EEO principles into the normal business practices of all areas of Kickstart Coaching, fulfilling the requirements of Equal Employment Opportunity legislation.

The programme covers the policies for

  • Occupational Health and Safety
  • Workplace harassment, victimization and bullying
  • Anti-discrimination; including equal opportunities, racial vilification and disability discrimination

Introduction

It is Kickstart Coaching’s policy to:

  • Provide equal employment opportunity for all individuals in line with, but not necessarily limited to, legal requirements (EEO), and
  • Maintain a formal EEO program to ensure EEO principles are integrated into the normal business practices of Kickstart Coaching.

It is also the policy of Kickstart Coaching that all members of Kickstart Coaching share responsibility for ensuring EEO principles are firmly entrenched in Kickstart Coaching decision making and implementation process.

Definition

Equal Employment Opportunity (EEO) is the right of all individuals to be treated fairly in all aspects of employment. This means that all employment related decisions should be based on merit and not on personal characteristics or circumstances (such as sex, race, age, pregnancy etc)

Legal Requirements

Kickstart Coaching is subject to various Commonwealth, State and Territory anti-discrimination laws. These include legislation against discrimination and harassment in the workplace.

What EEO Applies to

EEO principles apply, but are not limited to, the following:

  • Recruitment
  • Selection
  • Promotion/transfers
  • Working hours
  • Discipline
  • Compensation
  • Benefits
  • Training, and
  • Provision of goods, services and facilities.

Where EEO Applies

The EEO policy applies in all of Kickstart Coaching’s businesses in Australia, at work related events, at social functions, at seminars and in dealings with employees, students and members of the public.

EEO Training and Communication

For the EEO program to be effective, all staff must understand what it is about. Information about EEO is communicated to staff as part of their induction program and each person is required to sign a Declaration of Understanding, acknowledging that they will observe all the policies and procedures of Kickstart Coaching.

Responsibilities in Implementing EEO Policies

All staff and contractors are expected to:

  • Familiarize themselves with the Kickstart Coaching EEO policy
  • Treat their colleagues, students and members of the public equally and fairly at all times
  • Know who they should speak to if they personally or someone they observe is being harassed or discriminated against.
  • Contribute fully without threat of discrimination or harassment
  • Maintain awareness of acceptable standards of behavior at work
  • Maintain awareness of the benefits of a friendly yet business-like atmosphere in the workplace, and discuss any unsatisfactory behaviour with the individual concerned (unless an apparent victim has sought advice or lodged a complaint).

Kickstart Coaching undertake to

  • Provide advice and assistance to staff and students and members as appropriate.
  • Investigate allegation of discrimination or harassment, with assistance of legal counsel, as appropriate.
  • Oversee the development, implementation and review of Kickstart Coaching’s EEO policy.
  • Ensure Kickstart Coaching’s policy is in line with legislative requirements.

Seeking Advice or Making a Claim:

Kickstart Coaching assures its staff, students and members of the public that all requests for advice or complaints about discrimination or harassment will be treated seriously and confidentially, and will be given prompt attention.

Who to Talk To:

The first point of contact for anyone who wants advice, or who wishes to make a complaint about discrimination or harassment is the Kickstart Coaching Customer Relations Manager. However, anyone who feels unable to talk to the Customer Relations Manager may seek help directly from the Managing Director.

Seeking Advice:

If someone is unsure whether discrimination or harassment has occurred, or does not know whether to make a complaint, they can approach the Customer Relations Manager for advice.

The Customer Relations Manager Officer may:

  • Provide information about what constitutes discrimination/harassment; and/or
  • Arrange for counseling.

Complaints may be raised on an informal and/or formal basis.

Informal Complaint Procedures:

Informal complaint procedures emphasize resolution, rather than substantiation of a complaint. These procedures are generally followed when the allegations are of a less serious natures and/or the person being discriminated against or harassed just wants the unacceptable behaviour to stop and/or does not want a formal investigation.

Informal ways of dealing with a discrimination/harassment included:

  • The person being harassed/discriminated against may wish to deal with the alleged offender themselves and inform the alleged offender verbally or in writing that their behaviour is unacceptable/offensive, or
  • The person may request a member of Kickstart Coaching speak to the alleged offender on their behalf; or
  • Kickstart Coaching may arrange for a general training of Kickstart Coaching’s policy.

A person is not required to exhaust informal attempts at resolution before formal action commences. Complaints may be formalized at any time on request of the complainant.

Formal Complaint Procedures:

If a person wishes to lodge a complaint of discrimination or harassment, they should, in the first instance, report the matter to the Customer Relations Manager. Formal complaint procedures focus on proving whether a complaint is substantiated and are usually followed when the allegations are of a more serious nature and/or informal attempts at resolution have failed.

The Customer Relations Manager will arrange for the complainant to be interviewed formally so that the allegations are heard in full. The complainant can take another person to the interview if they want to.

Making a Statement:

At the interview, the complainant will be asked to make a full written statement which, will include:

  • The nature and circumstance of the allegations.
  • Names of any witnesses, and
  • The complainant’s signature and the date the statement is made.

Confidentiality:

Allegations of discrimination or harassment are serious, and should not be discussed with anyone who does not have a genuine responsibility for solving the problem. It is essential that the complainant does not talk about the allegations with anyone who may be called as a witness. Apart from anything else, if the complainant is thought to have influenced a witness, the witness may be considered unreliable, and therefore the complainant’s case may be weakened.

What Happens Next:

Kickstart Coaching will take statements from the complainant and any witnesses identified by the complainant. The evidence will be evaluated in order to ascertain whether the complainant is substantiated.

If the complaint is not substantiated, Kickstart Coaching will inform the parties concerned of the finding and explain to the complainant why the finding was made. This may be as a result of insufficient evidence to support the allegations or the conduct does not amount to discrimination or harassment.

Kickstart Coaching will then attempt to reconcile the two parties, ensuring that there is not victimization of the complainant, and ensure that no records are kept on personal files. The aim will be to re-establish a good working environment as soon as practical.

If the complaint is substantiated, Kickstart Coaching will decide what the best course of action should be. The decision will be influenced by the nature of the complaint.

Possible actions may include:

  • Training
  • Eliciting a sincere apology
  • Disciplinary action as appropriate, and
  • Dismissal
  • Termination if offender is a student

Note: Where a complaint is found to have been mischievous, Kickstart Coaching may consider taking action against the complainant.

Personal Records

No record will be kept on the personal file of a staff member or student who makes a complaint or seeks advice about discrimination/harassment. No record is kept on the alleged offender’s file if the matter is dealt with informally or if the complaint is found to be unsubstantiated.

Further Options:

If a member of staff or students believes that Kickstart Coaching has not heard their case fairly, they have the right to report the matter to the Human Rights and Equal Opportunity Commission or, if appropriate, the relevant state authority.

Handling Complaints and Requesting Advice:

If a member of staff or student is unsure of whether discrimination or harassment has occurred, or if they are unsure of what to do, they may approach the Customer Relations Manager for advice. Alternatively, they may wish to make a formal complaint and have the matter investigated.

Principles of Handling Requests for Advice:

When the Customer Relations Manager is asked for advice about discrimination or harassment, they should always:

  • Maintain confidentiality
  • Treat the matter seriously and sympathetically
  • Bear in mind that the person may want to make a complaint at a later date, and that decisions already made may be scrutinized in an investigation
  • Seek direction and assistance if necessary, and
  • Listen and watch to establish patterns of behaviour.

How to Handle a Request for Advice:

When giving advice to someone about possible discrimination or harassment, it may be appropriate for the Customer Relations Manager to:

  • Explain what discrimination and harassment are, and what they are not
  • Explain how EEO principles operate
  • Explain how to deal with the matter informally
  • Explain the process for making a complaint
  • Provide time for the person to consider whether they want to deal with the matter informally or formally, and

Note: The person should not be discouraged from making a complaint if they believe that discrimination or harassment has occurred.

In cases of harassment, the Customer Relations Manager might suggest that the person inform the alleged offender, either verbally or in writing, that their behaviour is offensive and that the person wants it to stop. Alternatively, the Customer Relations Manager could speak to the alleged offender on the person’s behalf.

The Customer Relations Manager should be careful to protect the identity of persons who have sought advice but who do not want an investigation to be conducted. This means giving careful consideration before confronting the alleged offender directly. In some circumstances, the alleged offender should not be confronted.

Principles of Handling Formal Complaints:

When the Customer Relations Manager receives a complaint about discrimination or harassment, they should always:

  • Inform the Managing Director
  • Maintain confidentiality
  • Treat the matter seriously and sympathetically
  • Listen and watch to establish pattern of behaviour, and

If a complaint is made, the Customer Relations Manager must not reproach the alleged offender directly, as this may reveal;

  • That a complaint has been made (thus jeopardizing an inquiry), and
  • The identity of the complainant.