Anti-Bullying, Harassment and Discrimination Policy

Policy Owner	People & Culture Manager
Date of Development	September 2024
Date of next review	September 2027

1. Introduction

1.1 Statement of Commitment

Catalpa is committed to providing a safe, flexible and respectful environment for staff free from all forms of bullying, harassment and discrimination. All Catalpa staff are required to treat others with dignity, courtesy and respect.

1.2 Policy review and approval

This Policy has been reviewed and formally ratified by Catalpa’s Management Team. It is subject to review every three years or more often as necessary.

1.3 Policy Linkages

This Policy is to be enacted alongside obligations confirmed in additional Catalpa policies including:

• Catalpa Code of Conduct

• Internal Complaints and Feedback Policy

• Whistleblower Policy

• Catalpa PSEAH Policy

Further, this Policy complies with the requirements of the following countries where Catalpa has registered entities:

Country	Legislation
Timor Leste	Timor Labour Code 2012 Law against domestic violence (No. 7/2010) - criminal code
Papua New Guinea	Discriminatory Practices Act 1963 Employment Act 1978
Fiji	Human Rights and Anti-Discrimination Commission Act 2009 Employment Relations Act 2007
Australia	Fair Work Act 2009 Sex Discrimination Act 1984 (Cth) Racial Discrimination Act 1975 (Cth) Disability Discrimination Act 1992 (Cth) Age Discrimination Act 2004 (Cth) Workplace Health & Safety laws State based Equal Opportunity Laws

2. Purpose and Scope

2.1 Purpose

Catalpa implements this policy with the objective of eliminating unacceptable workplace conduct. Therefore, the purpose of this policy is to attract and retain talented staff and create a positive environment for everyone by ensuring that all Catalpa personnel are treated and treat others with dignity, courtesy and respect. This policy also aims to ensure that there is a shared understanding amongst all Catalpa staff of Catalpa’s expectations regarding acceptable and appropriate behaviour within the workplace.

2.2 Scope

This policy applies to all Catalpa personnel (including full-time and part-time), permanent or fixed-term, contractors, consultants, any unpaid staff and board members.

This policy relates to:

• How our personnel treat others, including colleagues, external stakeholders, subcontractors / downstream partners, clients, and/or donors we work with, beneficiaries of our work, and members of the public encountered in the course of our work.

• The behaviour of personnel at their place of work and wherever they may be as a result of their work, for example, work-related travel, after-hours work, where we work from the offices of a partner, work-related social functions and conferences.

• The use of Catalpa’s equipment/property, such as laptops and phones, and on social media platforms where workers interact.

The following is not in scope through this policy:

• If the complaint relates to sexual exploitation, abuse and/or harassment, please refer to the Prevention of Sexual Exploitation, Abuse or Harassment Policy.

To the extent that this policy provides a framework for Catalpa's conduct in any particular situation, it is a guide only. Catalpa may adopt an alternative course of action at its discretion or if the circumstances warrant it.

3. Policy Principles

As a general rule of thumb, in terms of developing this policy and preventing discrimination, harassment, and bullying, Catalpa sets the ‘highest bar’ and applies it in all the countries we work in.

4. Eliminating Unacceptable Workplace Conduct

The following behaviours are prohibited at Catalpa:

4.1 Bullying

Bullying is repeated, unreasonable behaviour directed toward a staff or group of staff that creates a risk to health and safety.

Unreasonable behaviour refers to actions that would expect to make someone feel like a victim, embarrassed, less important, or scared.

Risk to health and safety includes risk to the mental or physical health of the staff.

Workplace bullying can occur between a staff member and a manager/supervisor, or between staff. The following types of behaviour, where repeated or occurring as part of a pattern of behaviour, could be considered to be workplace bullying:

• physical or verbal abuse (threats, shouting, screaming or offensive language)

• sarcasm and other forms of demeaning language eg. “Nice of you to finally join us!” “Yeah, like that’s ever going to happen.”

• Intimidation and/or coercion eg. Assigning someone tasks that are outside of his or her expertise, or hostile posture.

• excluding or isolating employees e.g. not inviting them to meetings that they should be a part of or withholding information from them that they should know.

• psychological harassment eg constant criticism or belittling of an employee's work or abilities or public humiliation or embarrassment

• assigning meaningless tasks unrelated to the job

• making malicious, frivolous or vexatious rumours about a person with an intent to cause the person harm eg “I heard from our partner they don’t like (name) and are not happy with their work in the project”

• undermining work performance by deliberately withholding information vital for effective work performance

• inappropriate blaming and/or ganging up

• constant unconstructive criticism eg ”you’re so bad at doing this…”

Workplace bullying includes behaviour outside the workplace, including threats, if it relates to work. Bullying is not a ‘reasonable management action’ carried out reasonably. ‘Reasonable management actions’ are comprised of three elements:

• the behaviour must be management action, i.e. it is deemed an action a manager would undertake, e.g. provide constructive feedback on an area of underperformance, take disciplinary action, or direct the way work is carried out.

• it must be reasonable for the management action to be taken, i.e. as part of a documented performance management process and/or in response to an employee’s performance issue.

• the management action must be carried out in a reasonable manner and in line with Catalpa’s Code of Conduct, i.e. a meeting or discussion

Management action that isn't reasonable or carried out reasonably may be considered bullying.

Bullying is unacceptable in Catalpa and may also be against occupational health and safety laws. If someone is being bullied because of a personal characteristic protected by equal opportunity law, it is also a form of discrimination. Under the law, behaviour does not have to be repeated to be classified as discrimination – it may be a one-off event.

4.2 Harassment

Single incidents of unreasonable behaviour can also present a risk to health and safety and will not be tolerated.

Harassment is considered to be any form of behaviour that is:

• unwanted;

• offends, humiliates or intimidates; or

• creates a hostile environment.

Harassment may involve inappropriate actions, behaviour, comments or physical contact that is objectionable or causes offence.

Examples of unlawful harassment can include behaviour such as:

• telling insulting jokes about particular protected attributes, for example, about physical/mental disability, or marital status.

• racial or ethnic slurs

• Financial and economic harassment

• making derogatory comments or taunts about someone's race or religion or protected attributes

• asking intrusive questions about someone's personal life

4.3 Discrimination

Discrimination is treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by the law, such as sex, age, sexual orientation, pregnancy, marital status, race or disability. Legislation primarily prohibits both direct and indirect discrimination.

Direct discrimination is treating or proposing to treat a person with a protected attribute unfavourably because of that attribute (listed below), e.g. an employee is harassed and humiliated because of their race.

Indirect discrimination occurs 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 below). For example, redundancy is decided based on older people.

Protected personal characteristics under discrimination law generally include:

• a disability, disease or injury, or medical record

• parental status or status as a carer, for example, because they are responsible for caring for children or other family members

• race, colour, descent, national origin, or ethnic background

• age, whether young or old, or because of age in general

• industrial activity, including being a member of an industrial organisation like a union

• religion, political opinion or social origin

• pregnancy and breastfeeding

• sex, sexual orientation, intersex status or gender identity, including gay, lesbian, bisexual, transsexual, transgender, queer and heterosexual

• marital status, whether married, divorced, unmarried or in a de facto relationship or same-sex relationship

• an association with someone who has, or is assumed to have, one of these characteristics, such as being the parent of a child with a disability.

It is also against the law to treat someone unfavourably because you assume they have a personal characteristic or may have it at some time in the future.

4.4 Victimisation

Victimisation is subjecting or threatening to subject someone to a detriment because they 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 often against the law in the countries we work in. Catalpa has a zero-tolerance approach to victimisation.

4.5 Workplace violence and threatening behaviour

Workplace violence is not acceptable at Catalpa. Workplace violence can be a form of harassment or bullying and includes behaviour such as physical assault, aggressive, threatening or intimidating behaviour or displays (such as deliberate damage to or breaking of furniture, items and office fittings, slamming doors, throwing of objects at or in the direction of others), verbal threats and other disruptive behaviour. It can be physical or non-physical behaviour which may involve oral, written or electronic statements, gestures or expressions that communicate a direct or indirect threat of harm.

Certain forms of workplace violence, such as assault, may also constitute a crime and, in consultation with the victim, may be referred to the police. All forms of workplace violence are prohibited.

5. Roles and Responsibilities

All staff are entitled to:

• recruitment and selection decisions are based on merit and not affected by irrelevant personal characteristics

• work environment 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:

• not to engage in any of the behaviours proscribed in this Policy

• not to aid, abet or encourage others to engage in any of the behaviours proscribed in this Policy

• follow the standards of behaviour outlined in this policy

• offer support to people who experience any of the behaviours proscribed in this Policy, including providing information about how to make a complaint

• avoid gossip and respect the confidentiality of complaint resolution procedures

• treat everyone with dignity, courtesy and respect

• listen and respond appropriately to the views and concerns of others;

If you are a manager or supervisor, you have additional responsibilities to:

• Role model appropriate standards of behaviour and foster a culture that does not tolerate the behaviours described in this policy.

• Intervene and provide feedback on ‘borderline’ inappropriate behaviours

• help 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 relevant parties are heard

• help staff resolve complaints informally

• refer formal complaints about breaches of this policy to the appropriate complaint handling officer for investigation

• ensure staff who raise an issue/make a complaint are not victimised

• ensure that recruitment decisions are based on merit and that no discriminatory requests for information are made

6. Reporting and Investigations

Complaints of bullying, harassment, discrimination, victimisation and/or workplace violence will be handled in accordance with Catalpa's Internal Complaints and Feedback Policy.

If you make a complaint of workplace bullying, harassment, or violence, it will be taken seriously and dealt with sympathetically and confidentially (except where Catalpa deems it necessary to disclose information in order to properly resolve the complaint).

You will not be victimised or treated unfairly for making a complaint.

Please note that any worker found to have fabricated a complaint may be subject to disciplinary action.

Catalpa's Internal Complaints and Feedback Policy assists staff in finding a resolution using an informal process. Where a complaint cannot be resolved informally or formally, an investigation may be required. Catalpa's Internal Complaints and Feedback Policy outlines Catalpa’s formal complaints handling process, including investigations.

Note staff can also report issues of discrimination, harassment and bullying through the Whistleblower Policy.

Note,

• If the complaint relates to sexual harassment, please refer to the Prevention of Sexual Exploitation, Abuse or Harassment Policy.

• If the complaint relates to discrimination, harassment or bullying that originates from a partner we work with, please refer to the Guideline - Dealing with unreasonable behaviour from the partners we work with.

7. Employee Support

Catalpa staff are entitled to a certain amount of free, professional counselling from our provider Mandala Staff Support. For more information about Mandala Staff Support and to access their service, click here. The counselling is confidential, and nothing discussed with a counsellor will be communicated back to Catalpa.

8. Policy Monitoring and Review

Monitoring application of the policy is the responsibility of all staff and managers, particularly the People and Culture Manager. If you have any questions about this Policy, please contact the People and Culture Manager.

This policy does not impose contractual obligations on Catalpa. This policy provides a framework for dealing with complaints in any particular situation, but it is a guide only and Catalpa may adopt an alternative course of action at its discretion or if the circumstances warrant it.

This policy can be updated or amended from time to time by Catalpa at its absolute discretion. The current version of this policy can be accessed in the Catalpa Handbook.