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Murdoch EO - DefinitionsNOTE: If you have any suggestions to add to our list of definitions, please contact Prue Bedford ext 7368...Commission Direct DiscriminationDirect discrimination occurs when a person is treated less favourably than another in comparable circumstances because of their sex, marital status or pregnancy, family responsibility or family status, sexual orientation, race (colour, ethnicity, national origin, nationality or descent), religious or political conviction, impairment, age or, in certain cases, gender history. Indirect DiscriminationIndirect discrimination occurs when an apparently neutral rule, policy or practice is the same for everyone, but has an adverse effect or result on particular groups and is not reasonable having regard to the circumstances. Systemic discrimination is therefore constituted by organisational policies, procedures, rules and regulations that:
It is unlawful under the Equal Opportunity Legislation to discriminate against a person either directly or indirectly in any of the areas of public life covered in the Act. Complaint / GrievanceA complaint or grievance may result from any concern or complaint about an act or behaviour that someone perceives to be unfair, discriminatory, or unjustified. It can be any decision, situation, omission, or problem related to work or education environment that you feel to be unfair. Sexual HarassmentSexual harassment is any uninvited and unwelcome sexual behaviour or advances of a sexual nature and unwelcome requests for sexual favours that make a person feel offended, humiliated or intimidated and it is reasonable under the circumstances that a person would feel that way. This includes physical, verbal or written sexual conduct that is unsolicited and unwanted and is therefore undesirable and offensive to the recipient. At times it is conducted through electronic mail. Examples of sexual harassment
Racial DiscriminationIt is any act involving a distinction, exclusion, restriction or preference based on race, colour, descent, national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing in employment, education or provision of other University services. Examples of racial harassment
ConciliationA process used where an impartial third party assists two disputing parties to settle a complaint by mutual agreement. Conciliation is often used as a method of grievance resolution within organisations. CommissionEqual Opportunity Commission ComplainantThe aggrieved person; the person lodging/making a complaint. RespondentThe person and/or an organisation against whom a complaint is made. Natural JusticeThe minimum standard of fairness to be applied in the investigation and adjudication of a dispute. This is also referred to as procedural fairness. The substantive requirements of natural justice involve:
VictimisationVictimisation is any attempt or threat to subject a complainant to any detriment or threat of detriment because of lodging a complaint under the University’s equal opportunity anti-discrimination policy and grievance procedures. This includes any person involved in the complaint either as a witness in a formal complaint or by supplying documents to a conciliator for investigation purposes. Victimisation is unlawful under the equal opportunity legislation and prohibited under the University’s Equal Opportunity Policy. The University will apply anti-discrimination grievance procedures against a person alleged to have victimised another. Vicarious LiabilityVicarious liability means that an employer may be liable for unlawful discrimination by an employee, or the actions of an agent. The University may be vicariously liable for unlawful acts of discrimination and harassment conducted by its staff members, students, or any member of the University community in connection with their employment or duties. It is therefore important that the Vice Chancellor is notified of all formal complaints of unlawful discrimination and harassment that have been lodged in the University, or by members of the University. The University is required to take all reasonable steps to prevent such acts occurring. Every three months the Equal Opportunity Manager collects data relating to all equity enquiries and complaints received by Equity Information Officers and Equity Conciliators. Equity Information Officers and Equity Conciliators should ensure that confidential records of informal complaints do not contain names or details that will identify the complainant or the respondent. However, Equity Conciliators should ensure that confidential records of all formal complaints contain accurate information about the substantiated case, the investigation process, the people involved including witnesses, the way the case was handled and the outcome. The University has devised an equity complaints form that should be filled in for records and statistical purposes. IMPORTANT NOTICE:Please note that it is not the intention of the alleged harasser that is the issue, but rather the complainant’s perception and experience of the alleged harasser’s behaviour. It is the negative impact of the respondent’s behaviour on the complainant that is of concern to equity complaints. |