Harassment, Discrimination and Bullying Policy & Procedure

Policy Details

For the purposes of this policy, harassment, discrimination and bullying will collectively be referred to as disrespectful behaviour. Our policy relates to disrespectful behaviour towards both adults and tamariki at Kindercare. It includes a definition of each: i.e. harassment, discrimination and bullying, and it clarifies our commitment to how we intentionally create an environment that seeks to prevent this disrespectful behaviour.

Kindercare takes a zero tolerance approach to any form of disrespectful behaviour.

Disciplinary action will be taken against any employee who is found to breach this policy and Kindercare will not hesitate to act, including taking legal action, against any adult who is found to breach this policy.

Bullying can potentially happen anywhere, at any time and can be verbal, physical, cyber or social/relational. It is unreasonable behaviour that is repeated or has the potential to be repeated over time, and is directed towards tamariki and/or adults in a way that creates a risk to their health or safety. Bullying is behaviour or language that is deliberate (meant to intentionally harm another person), it may involve a misuse of power in a relationship, and includes but is not limited to victimising, humiliating, intimidating or threatening behaviour towards tamariki or adults.

Discrimination is the act of prejudice against an adult or child, based on their personal characteristics. These characteristics can include but are not limited to disability, neurodiversity, age, gender, religion, race, language, sex and sexual orientation.

Harassment is any unwanted behaviour (or suggested behaviour), which can be physical or verbal, that makes a reasonable person feel uncomfortable, humiliated or mentally distressed on the grounds of, but not limited to, the adult or child’s race, gender, age, language, religion or sexual orientation etc. The purpose or impact of the harassment violates the claimant’s dignity, and/or creates an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment is a form of discrimination.

Sexual Harassment could be defined as requesting, either by implication or directly, sexual intercourse, sexual contact, or other form of sexual favour or activity with another person, which conveys a promise, either implied or direct, of preferential or detrimental treatment. It also includes language or visual material of a sexual nature that is unwelcome or offensive to the adult/child receiving it, to the extent that it has a significantly detrimental effect on that person.

Cyberbullying is online or electronic harassment of a person through the use of digital devices. It includes but is not limited to sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can also include, but is not limited to, sharing personal or professional information about someone that causes humiliation or embarrassment.

• Create a high-trust environment, where adults and tamariki feel safe speaking up

• Nurture strong connections and respectful interactions

• Promote a caring culture that prioritises personal wellbeing and a sense of belonging

• Consistent messaging that everyone is responsible for preventing and addressing disrespectful behaviour

• Commitment to a targeted, positive, and early response to reported disrespectful behaviour

For the purposes of this procedure, harassment, discrimination and bullying will collectively be referred to as disrespectful behaviour.

• If a person is not able to or chooses not to address this with the accused directly, speak to your manager, or another manager – someone at Kindercare with the authority to act; someone who you feel safe to talk to. This includes speaking to any of Kindercare’s Board members.

• Don’t discuss allegations or what you witness with other colleagues, parents and whānau.

• Communicate only the facts of what you experienced, saw, or heard. Where possible, include dates, times, place and those involved.

• Be aware that while reporting the disrespectful behaviour you experience or witness is important, in-depth investigation is needed to obtain all the facts and give the person accused of this disrespectful behaviour the opportunity to respond.

• Take it seriously and act immediately to investigate the facts.

• Be aware that intention and perception by both parties involved may distort the “facts”. The accused is not necessarily guilty of disrespectful behaviour until a full and fair investigation has been carried out to establish the facts/evidence.

• Establish whether or not the claimant has confronted the accused to address the disrespectful behaviour. If not, be mindful that in some instances, this may be due to fear, intimidation, or lack of self-esteem. Approached compassionately and sensitively to respect their mana, this is a potential coaching opportunity (if it is an employee).

• Take steps to protect the adult/child who reported the disrespectful behaviour, while the investigation is underway.

• If possible, get a written statement from the complainant, and keep a written record of what was communicated to you, including date, time and people involved.

• Being mindful of the levels of distress that may be experienced by those who are reporting alleged disrespectful behaviour, create a safe environment for open discussion around the circumstances and context of this behaviour. It’s important to sensitively establish whether the complainant (adults only) has reflected on any possible action/behaviour on their part that may potentially be perceived (this is not about making the complainant responsible) as having contributed to the disrespectful behaviour of the accused.

• If the complainant is an adult, ask them what action they would like to see taken to resolve the problem. Be aware that until all the facts are established, Kindercare has a legal obligation to both/all parties.

• Based on the information you have at this point, determine whether the matter can be dealt with confidentially and informally, without the need to escalate it further to resolve it.

• Ensure that the complainant is aware that in order to investigate the facts fairly, you undertake to maintain confidentiality as far as reasonably possible. However, you will need to speak directly to the accused, advising them of the allegations made against them, by whom, and share all the details of the allegations made.

• Ensure the complainant is fully aware of the implications of Kindercare approaching the accused, that the complainant has opportunity to consider the potential seriousness of these implications, and to get support/advice from a third party, if needed.

• In discussions with the accused, ensure they are informed that you will be reporting back to the complainant, and that everything is being documented.

• The outcome of discussions with both the complainant and the accused and reporting back to the complainant will determine whether further steps are taken and what those should be.

• It may be appropriate to separate the parties by relocation or suspension; it may be appropriate to offer to mediate between the parties or suggest external mediation.

• If necessary, seek support/guidance from a more senior manager, or the Manager – People & Culture, especially if this is the first time you’ve dealt with this.

• Offer confidential counselling sessions through Vitae to those employees impacted, if external support is needed/requested.

• WorksafeNZ offer an excellent resource for further information and flowcharts.

Please Note: if a child makes an allegation of disrespectful behaviour, about another child, an employee or other adult, or if a child displays disrespectful behaviour towards another child, the Area Manager is to be consulted in the first instance. If further support is needed, the Family Services Advisor or a member of Kindercare’s Senior Leadership Team must be consulted.