McDonald's Workplace Conduct Policy: Bullying, Harassment, Discrimination, and Violence, Exams of Business

Download McDonald's Workplace Conduct Policy: Bullying, Harassment, Discrimination, and Violence and more Exams Business in PDF only on Docsity! 1 McDonald’s Australia Limited Respectful Workplace Policy Contents The Respectful Workplace Policy covers:  Application of this Policy  Unacceptable Workplace Behaviour  Workplace Bullying  Unlawful Harassment  Unlawful Discrimination  Victimisation  Workplace conflict  Workplace violence  Resolving Complaints  Guidelines for Resolving Complaints  Complaint Resolution Summary  Informal complaint resolution  Formal complaint resolution  Consequences of breaching this policy  Other Important Information  General  Definitions  Scope  Interaction with laws  Compliance  Status  Communication of this policy  Policy changes Purpose “We are committed to our people” is one of McDonald’s core business values. It is our goal to provide our Employees and others who are part of the McDonald's System with a positive work environment that enables them to deliver a great customer experience, every time. This means that McDonald’s is serious about providing a safe, healthy and respectful workplace that is free from bullying, cyberbullying, unlawful harassment, unlawful discrimination, workplace conflict/violence, and victimisation. McDonald's treats matters of this nature seriously and with sensitivity. McDonald's is an equal opportunity employer that strives to make sure that there is no unlawful conduct in its employment practices or in its workplaces at work or in connection with work. McDonald's strives to make decisions based on suitability, experience, merit and general ability to perform the inherent requirements of a role, and to avoid unlawful discrimination in hiring, job allocation, promotion or otherwise. 2 McDonald’s Australia Limited Scope This Policy applies to Employees, other Workers, suppliers and licensees in connection with work. Related Legislation and Documents This Policy is not intended to override any rights or obligations under an industrial instrument or any applicable legislation. Definitions References to McDonald's in this policy are references to McDonald's Australia Limited. 1 This policy deals with a range of workplace behaviours, which in some cases are against the law. However, this Policy applies to all aspects of McDonald's business and people participating in the McDonald's System. In this Policy:  "Employee" means McDonald's corporate and restaurant employees;  "Worker" means a person who carries out work in any capacity for or in connection with McDonald's business, including work as: an employee;  the employee of a McDonald's licensee;  a contractor or subcontractor;  an employee of a contractor or subcontractor;  an employee of a labour hire company who has been assigned to work in McDonald's operations;  an outworker;  an apprentice or trainee;  a student gaining work experience; or  a volunteer. Application of this policy Application of policy to licensees, licensee employees and others McDonald's expects all Workers to comply with this Policy as part of participating in the McDonald's System. “Worker” specifically includes licensee employees. McDonald's also expects its licensees to implement this Policy. This Policy is a business policy for the purposes of a licensee’s Franchise Agreement. McDonald's expects that licensees report, and where warranted investigate and address unlawful conduct that is in breach of this Policy where those breaches involve Workers who are working in a licensee's business. However, nothing in this Policy is intended to create a relationship of 5 McDonald’s Australia Limited • informing a Worker about inappropriate behaviour in an objective and confidential way; • general workplace conflict; • implementing organisational changes or restructuring; and • taking disciplinary action, including suspension or terminating employment. Cyber Bullying Cyber Bullying is a sub-category of workplace bullying, and it is prohibited by this Policy. It is McDonald’s expectation that our Workers participate in the online environment in the same safe and respectful way that they participate in the physical work environment. What is cyber bullying? Cyber bullying in the workplace context is repeated and unreasonable behaviour, using digital technologies (including hardware such as computers, tablets and smartphones, and software such as social media, instant messaging, texts, emails, websites and other online platforms) directed towards a Worker or a group of Workers that creates a risk to health and safety Cyber bullying can happen at any time. It can be in public or in private and sometimes only known to the target and the person bullying. Cyber bullying can include:  Abusive or hurtful texts, emails or posts, using words, images or videos;  Deliberately excluding others online;  Spreading gossip or rumours; and  Imitating others online or using their log-in. Unlawful Harassment It is unlawful to harass another Worker, or person that a Worker may come into contact with as a result of their work, on the basis of a "protected attribute". For examples of "protected attributes", see the Discrimination section below. What is harassment?  Harassment is any uninvited, unwelcome or unreciprocated behaviour that humiliates, offends, embarrasses or intimidates another person where a reasonable person would expect this to be the effect of the behaviour.  Harassment can be physical, verbal or visual in nature and can occur in a single incident or repeatedly over time.  Harassment may include jokes about a person’s appearance or any other personal matter that causes embarrassment.  Harassment may include words or statements made by phone, text message, video, email or published online through social media or sharing sites such as Twitter, Facebook, YouTube, Snapchat and Instagram. 6 McDonald’s Australia Limited  Note that intention is irrelevant. Even if a person’s behaviour was not intended to cause humiliation, offense, embarrassment or intimidation; if a reasonable person would expect the behaviour to have that effect then it may constitute harassment. What is sexual harassment? Sexual harassment is against the law. Legal action can be taken against Workers who engage in sexual harassment. McDonald’s, or where applicable its licensees may also be liable for any behaviour of its employees which amounts to sexual harassment. Sexual harassment is any uninvited, unwelcome or unreciprocated behaviour of a sexual nature that humiliates, offends, embarrasses or intimidates another person where a reasonable person would expect this to be the effect of the behaviour.  Sexual harassment can be physical, verbal or visual in nature and can occur in a single incident or repeatedly over time.  Sexual harassment may include unwelcome sexual advances whether they involve physical touching or not, unwelcome physical contact such as pinching or kissing, staring or leering in a sexual manner.  Sexual harassment may include verbal comments such as comments about someone’s appearance, questions about personal or private matters, persistently inviting someone on a date after previous refusals and unwelcome requests for sexual favours.  Sexual harassment may include suggestive words, statements or drawings made by phone, text message, video, email or published online through social media or sharing sites such as Twitter, Facebook, YouTube, Snapchat and Instagram.  Note that intention is irrelevant. Even if a person’s behaviour was not intended to be sexual in nature or cause humiliation, offense, embarrassment or intimidation; if a reasonable person would expect the behaviour to have that effect then it may constitute sexual harassment.  Where behaviour is invited, consensual and reciprocated it is not unlawful, unless the behaviour concerns someone under the age of consent. Note also that simply because a person is in a consensual relationship or maintains a friendship with another person, does not mean that sexual behavior will necessarily be consensual. Sexual behavior which has not been consented to by a friend or a partner may still be unlawful. For more information about the age of consent, refer to the Personal Relationships Policy.  Some types of sexual harassment may also be offences under criminal law. If McDonald’s suspects that a criminal incident has occurred, the matter may be reported to the police and result in criminal prosecution. 7 McDonald’s Australia Limited While some Workers may form personal relationships through work, these types of relationships may impact on the business of McDonald's and its licensees where they create a possibility for personal conflicts of interest. In this regard, Workers should also familiarise themselves with McDonald's Personal Relationships Policy. Unlawful Discrimination McDonald's and its licensees are invested in creating equal opportunities in employment practices. Practices that are unlawfully discriminatory in the processes of hiring, assignment, performance assessment and promotion are not allowed. What is unlawful discrimination? Discrimination means the less favourable treatment of a person on the basis of a particular personal characteristic, known as a “protected attribute”. Protected attributes are characteristics which the law protects from discrimination. They include:  Sex  Gender identity, transgender status and intersex status  Sexual orientation (e.g. heterosexuality / homosexuality)  Race  Colour  National or ethnic origin  Social origin  Age  Religious belief or activity  Physical or mental disability / impairment  HIV/AIDS  Physical features  Family or carer responsibilities  Marital or relationship status  Political opinion or activity  Pregnancy and breastfeeding  Criminal record (subject to important exceptions)  Medical record  Trade union or employer association activity  Compulsory retirement Direct discrimination occurs when a person is treated less favourably than another person in the same or similar circumstances because of the protected attribute.  Direct discrimination may include conduct such as only hiring employees of a particular gender or overlooking someone for a promotion because of their race or nationality. 10 McDonald’s Australia Limited McDonald's licensees are also expected to use this complaint resolution process as a guide to resolving complaints made by their employees. Generally, McDonald's will address complaints made by its employees and licensees will address complaints made by their employees. However, McDonald's may, at its discretion, address or otherwise assist in investigating or resolving a complaint regarding conduct within a licensee business - for example, when a complaint is received by McDonald's directly from an employee in a licensee business. What can you do? If you believe you are experiencing or witnessing unacceptable workplace behaviour such as bullying, cyber bullying, harassment, discrimination or victimisation, act upon it as early as possible. McDonald’s and its licensees cannot address a problem if it is not raised and known. If you feel that you have been subject to any of the behaviours listed above, or you have witnessed someone else experiencing the above, you may choose to resolve the matter informally or formally. If your supervisor is the person whose behaviour is concerning you, speak to the next person of seniority in your workplace or contact McDonald’s People and Culture Department directly. In circumstances of alleged serious misconduct (for example, violence or sexual harassment of a criminal nature) informal resolution is not an appropriate option and you should proceed directly to making a formal complaint about the conduct. Before proceeding with your complaint, you should first ensure that you have read this Policy and are familiar with the options available. You may also wish to seek further information or advice from the People and Culture Department, who may be able to help you better understand the process. You can do this by contacting the Employee Relations Hotline on (02) 9875 7200 or employee_relations@au.mcd.com for more information. At any stage in the complaint resolution process, the individuals concerned or anyone interviewed in the investigation may have a support person. A support person’s role is not to be an advocate, but to provide emotional support and act as a witness. A particular individual may not be allowed to act as a support person in particular circumstances (for example where a conflict of interest exists). You will need to tell us in advance if you wish to bring a support person to an interview, and the identity of that person. 11 McDonald’s Australia Limited The diagram below provides a summary of options for resolving a complaint relating to conduct under this Policy. As set out above, the actual process followed may vary depending upon the nature of the allegations and the process that McDonald’s considers to be most appropriate in the individual circumstances. 12 McDonald’s Australia Limited Informal Complaint Resolution It is possible that someone who behaving badly is not aware that their conduct is unacceptable, unwelcome or causing distress. Accordingly, it may be both appropriate and effective to try to resolve the issue informally. The informal process is intended to:  Give you the opportunity to resolve the matter in a personal manner; and  Give the person against whom the allegations have been made the opportunity to take corrective action in relation to their conduct. Options for Informal Resolution Speak to the other person If you feel safe and comfortable doing so, calmly tell the other person you have an issue with their behaviour and ask that it stop. They may not realise the effect their behaviour is having on you and your feedback may give them the opportunity to change their actions. You may also consider suggesting an alternate way of behaving in the circumstance that is acceptable to you.For example, you could say: If you choose to deal with the situation personally you should consider:  acting as early as possible;  raising your concerns informally and in a non-confrontational manner;  not retaliating;  focusing on unwanted behaviour rather than the person;  being open to feedback; and  having the conversation in private and not in front of others. You may ask for assistance with this process or for someone to accompany you when you approach the person. Consider asking someone senior that you trust to assist you – such as your Manager, a senior member of your department or a member of Human Resources. 15 McDonald’s Australia Limited Confidential Employee Assistance Program At any time you may seek assistance from the Employee Assistance Program, which provides free, confidential counselling and advice. McDonald’s EAP provider is Drake WorkWise, who may be contacted on 1800 084 525, 24 hours a day, 7 days a week. Additional Support There are other external resources that can provide you with support if you are experiencing issues at work. Some of these are:  Heads Up www.headsup.org.au  Black Dog Institute www.blackdoginstitute.org.au Vexatious complaints McDonald's and its licensees expect that any Worker who raises a complaint or reports bullying, harassment, discrimination or victimisation is making such complaint or report on a legitimate and genuine basis. In other words, the reporter or complaint-maker genuinely believes that they or another person is being bullied, harassed, discriminated against or victimised and is bringing such a complaint on that basis, and no other unrelated basis. For this reason, any complaints or reports of bullying, harassment, discrimination or victimisation which are purposefully untrue, malicious or made in bad faith may result in disciplinary action, up to and including termination of employment, engagement or any other form of association with McDonald's or its licensees. Responsibilities Compliance, monitoring and review McDonald’s expects workers, suppliers and licensees to comply with all company policies. Failure to comply with implemented policies may lead to disciplinary action up to and including termination. Workers should also be mindful that non-compliance with applicable Federal, State and Territory laws may lead to prosecution, fines or imprisonment of the Worker personally and/or McDonald’s Australia Limited and its licensees To the extent that this Policy requires you to do or refrain from doing something, it constitutes a direction from McDonald's with which you must comply. Your Commitment – expected workplace behaviours 16 McDonald’s Australia Limited Under Australian laws1, workers and other people at our workplace: (a) must take reasonable care not to have a negative impact on the physical or psychological wellbeing of others; and (b) must not unlawfully discriminate against, bully, harass or victimise others. Our leaders and managers are expected to role model appropriate workplace behaviour, and everyone has a key role to play in maintaining a respectful workplace. Here’s a summary of what we expect from everyone who is part of the McDonald’s System (including all Workers, suppliers and licensees) while at work, and in connection with our business:  behave in a responsible and professional manner;  treat others in the workplace with courtesy and respect;  listen and respond appropriately to the views and concerns of others;  don’t walk past problems – appropriately raise concerns;  be fair and honest in their dealings with others; and  maintain confidentiality. Maintaining confidentiality means that, if you are involved in an investigation, either because you have made a complaint or a complaint has been made against you or you are a witness, then you must keep it confidential and not discuss it with anyone (other than a support person), either within or outside of the organisation, without the express consent of the lead investigator. Disclosing information about the investigation has the ability to negatively impact the outcome of the investigation, and could result in disciplinary action or other outcomes. Status This Policy does not form a contract or part of McDonald's contracts of employment with its Employees. This Policy does not form a contract or part of a licensees’ contract of employment with its employees. McDonald's may vary the contents of this Policy, or decide not to apply this Policy, at its absolute discretion. This Policy is a business policy for the purpose of a licensee's Franchise Agreement. Date Created January 2020 Approved By Human Resources Department Next Revision Date January 2022