Discrimination, Bullying and Harassment Policy
Policy Owner: J.CO Logistics Pty Ltd
Effective Date: 01/07/2025
Review Date: 30/06/2026
Version: 1.0
Purpose: To establish a clear, fair, and efficient process and committed to protecting all Woolworths Online CSAs delivering from stores to customers' homes from discrimination, bullying and harassment arising out of employment. If it occurs or has occurred, J.CO Logistics is obliged to investigate and manage the situation in a manner that prevents and discourages recurrence.
Scope: This policy applies to all Woolworths Online CSAs engaged in deliveries from stores to customers' homes under theJ.CO Logistics management. It outlines how discrimination, bullying and harassment related to workplace issues will be raised, investigated, and resolved.
Policy Statement: J.CO Logistics is committed to providing a safe, respectful, and fair working environment. We recognise that discrimination, bullying and harassment incidents may arise, and we are dedicated to addressing these concerns promptly and effectively. We adhere to Australian legal standards including the Fair Work Act, Work Health and safety Act, Occupational Health and Safety regulations, anti-discrimination legislation, and other relevant laws. We aim to ensure that all discrimination, bullying, and harassment are promptly investigated and resolved in a lawful and equitable manner.
1. Definition of discrimination, bullying and harassment
Employers have a common law duty to take reasonable care for the health and safety of their employees, as well as additional duties under federal and state or territory work health and safety legislation. An employer’s duty of care to its employees may be breached if bullying or harassment (including sexual harassment) occurs within the workplace. Employers should be aware of the obligations and duties set out in relevant legislations.
Discrimination:
Under the Fair Work Act's general protections, unlawful workplace discrimination occurs when an employer takes adverse action against an employee or prospective employee based on factors such as race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national origin, social background, or experiencing family and domestic violence.
Furthermore, under the Fair Work Act, all employees have the right to join or not join a union, a principle known as freedom of association. It is unlawful for anyone to pressure or coerce another person regarding their choice to join or refrain from joining a union. Additionally, it is illegal to take, or threaten to take, adverse action against an individual for being or not being a union member, for participating or not participating in industrial activities, or for choosing to be represented, or not to be represented, by a union.
Adverse action is deemed unlawful if it is taken for a discriminatory reason. The Fair Work Act outlines several forms of adverse actions taken by an employer includes doing, threatening, or organising any of the following:
Dismissing an employee
- Injuring an employee in their employment (for example, not giving an employee their legal entitlements, such as pay or leave)
- Altering an employee's position to their detriment
- Discriminating between one employee and other employees
- Refusing to employ a prospective employee
- Discriminating against a prospective employee in the terms and conditions of employment offered
Bullying:
- Bullying at work happens when an individual or group of individuals repeatedly behave unreasonably towards a worker and that behaviour creates a risk to health and safety
- Bullying can also be unlawful under occupational health and safety laws. People experiencing bullying can seek advice and help from their local occupational health and safety body
- The Fair Work Commission (FWC) is the national workplace relations tribunal that deals with applications to stop bullying at work under the Fair Work Act
Harassment:
- The Sex Discrimination Act 1984 defines sexual harassment as any unwelcome sexual advance, request for sexual favours, or other unwelcome conduct of a sexual nature directed towards a person. This occurs in circumstances where it is reasonable to expect that the person harassed would feel offended, humiliated, or intimidated. Sexual harassment can often be subtle and implicit rather than overt.
- Under the Fair Work Act, workers are protected against sexual harassment. Behaviour constitutes sexual harassment if it is unwelcome and a reasonable person might anticipate that such behaviour could cause someone to feel offended, humiliated, or intimidated
- The Racial Discrimination Act 1975 prohibits offensive behaviour based on racial hatred, including any act likely to offend, insult, humiliate, or intimidate another person because of their race, colour, national, or ethnic origin
- Disability Discrimination Act 1992 prohibits harassment in relation to an employee’s disability
- Each state and territory also have equal opportunity legislations that addresses sexual harassment in the workplace
2. Reporting a discrimination, bullying or harassment
2.1. Initial Reporting
- CSAs who experience bullying, discrimination, harassment, or victimization at work by an employee, supervisor, manager, or other relevant party are encouraged to speak up.
- CSAs should report incidents of discrimination, bullying, or harassment to their immediate supervisor, manager, or designated contact person. If the incident involves the supervisor or manager, or if the CSA prefers not to address the issue with them, they may report the matter directly to the J.CO Logistics business owner. Concerns can be raised in several ways as listed below.
Raising Concerns and Reporting Channels:
- Speak to the person involved: If the CSA feels comfortable, they can address the issue directly with the person involved, explaining that the behaviour is offensive, unwelcome, or inappropriate. This gives the individual a chance to correct their actions, as they may not realize the impact. For assistance with these conversations, CSAs can seek guidance from their manager, supervisor, designated contact, or J.CO Logistics business owner who can provide coaching, support, or an objective perspective.
- Email: Report incidents of bullying, discrimination, or harassment by submitting a detailed written account to operations@jcologistics.net.
- Phone: Call your J.CO contact on shift to report incidents of bullying, discrimination, or harassment.
- Linfox: Use the dedicated hazard report form found on the J.CO Links Hub Page for submitting concerns and complaints directly to Linfox.
2.2. Confidentiality
All bullying, discrimination and harassment incidents will be handled with the utmost confidentiality, ensuring that information is shared only on a need-to-know basis. The identity of the individual raising the issue will be protected to the extent possible.
2.3 Non-Retaliation Commitment
No CSA will face retaliation or adverse treatment for reporting incidents of bullying, discrimination, or harassment in good faith or for participating in the investigation process. Any act of retaliation against a complainant will result in serious consequences, including disciplinary action.
3. Resolution Procedure
3.1. Acknowledgment
The recipient of the bullying, discrimination, harassment incident will acknowledge its receipt within 2 business days, providing the complainant with an overview of the resolution process, and expected timelines.
3.2. Investigation
Upon receiving a report of bullying, discrimination, or harassment, an investigation will be initiated promptly and conducted in a fair, objective, and thorough manner.
- Appointment of an Investigator: An impartial investigator will be appointed to conduct the investigation. The investigator may be an internal representative or an external consultant, depending on the nature and complexity of the complaint.
- Gathering Information: The investigator will gather all relevant information, which may include:
- Interviewing the complainant to obtain a detailed account of the incident(s)
- Interviewing the individual(s) accused of the alleged behaviour
- Collecting statements from witnesses or other individuals who may have relevant information
- Reviewing any physical evidence, such as emails, messages, or documents
- Ensuring Confidentiality: All parties involved in the investigation will be reminded of the confidentiality requirements. Information gathered during the investigation will be kept strictly confidential and shared only on a need-to-know basis.
- Assessing the Evidence: The investigator will assess all the gathered information impartially. This assessment will involve determining the credibility of each party and weighing the evidence to establish whether the alleged behaviour occurred.
- Providing Support: Throughout the investigation, support will be offered to both the complainant and the individual(s) involved. This may include counselling services, temporary adjustments to work arrangements, or other appropriate measures to ensure the well-being of all parties.
The investigation should be completed within 30 business days from the acknowledgment of the incident.
3.3. Resolution
Upon concluding the investigation, a resolution will be determined and implemented as appropriate. Resolutions may include:
- Corrective Actions: Implementing measures to address the issue and prevent future occurrences. This may involve changes to policies, procedures, or work arrangements, additional training for employees, or other preventive measures.
- Disciplinary Actions: If the investigation finds that bullying, discrimination, or harassment has occurred, disciplinary action will be taken in line with company policies. This may include warnings, suspension, or termination of employment, depending on the severity of the misconduct.
- Mediation: In cases where appropriate, mediation may be offered to facilitate discussions between the involved parties. The goal is to reach a mutual agreement and restore a positive working environment. Participation in mediation is voluntary and will be conducted by a trained mediator.
- Follow-up: After the resolution is implemented, follow-up with the complainant and the individual(s) involved will be conducted to ensure that the issue has been effectively resolved and to provide additional support if necessary
The proposed resolution will be communicated to the complainant within 10 business days following the conclusion of the investigation.
3.4. Appeal
If any party involved in the investigation is not satisfied with the outcome or the resolution proposed, they have the right to appeal the decision. The appeal process ensures fairness and transparency in managing the discrimination, bullying or harassment incident. The steps for the appeal process are as follows:
3.4.1 Internal Appeal
- Submission of Appeal: An appeal must be submitted in writing within 7 business days of receiving the outcome of the investigation. The written appeal should include:
- The grounds for the appeal (e.g., new evidence, perceived procedural errors, or disagreement with the findings).
- Any additional information or documentation that supports the appeal.
- Review of Appeal: Upon receiving the appeal, an independent reviewer or a different investigator will be appointed to review the case. This ensures an impartial and unbiased assessment of the appeal.
- The reviewer will assess the grounds for the appeal and determine if further investigation or a reconsideration of the resolution is warranted.
- Appeal Investigation: If the appeal is accepted, a thorough review of the initial investigation will be conducted. This may include:
- Re-examining evidence and witness statements
- Considering any new information provided in the appeal
- Conducting additional interviews if necessary
- Outcome of Appeal: The outcome of the appeal will be communicated in writing to all parties involved within 14 days from the date of the appeal submission. This communication will include:
- The decision on the appeal (whether the initial findings are upheld, modified, or overturned)
- The rationale behind the decision
- Any further actions or changes to the resolution, if applicable
- Finality: The decision made at the conclusion of the appeal process will be final. If the parties are still dissatisfied, they may seek external remedies such as contacting the Fair Work Commission or other relevant authorities in Australia.
- Documentation: All resolutions, actions taken, follow-up steps, appeals, process followed, outcomes ..etc will be documented and securely stored, ensuring compliance with privacy and data protection laws.
3.4.2 External Appeal
In line with Australian workplace laws, employees have the right to seek external avenues if they are dissatisfied with the internal appeal process. This includes lodging a complaint with:
- Fair Work Commission: If internal reporting does not resolve the issue, employees can file a complaint with the Fair Work Commission, which offers support for workplace bullying, discrimination, and harassment complaints.
- Safe Work Australia or the appropriate state/territory workplace health and safety regulator: Employees can report bullying or harassment, especially if it poses a health and safety risk, to Safe Work Australia or the appropriate state/territory workplace health and safety regulator.
- Human Rights Commission: For complaints related to discrimination and harassment, employees can contact the Australian Human Rights Commission or the relevant state/territory anti-discrimination board.
4. Monitoring and Review
4.1. Monitoring
- All bullying, discrimination, harassment incidents and their resolutions will be documented and periodically reviewed to ensure the effectiveness of the procedures and to identify areas for improvement. This includes tracking complaints, investigating outcomes, and identifying any recurring issues.
- Implement anonymous surveys or feedback mechanisms to gather insights from CSAs on the workplace culture and the prevalence of any inappropriate behaviours.
4.2. Review
This policy will be reviewed annually, and updates will be made as required to reflect any changes in legislation including the Fair Work Act, Anti-Discrimination Laws, Work Health and safety Act, Occupational Health and Safety regulations and other relevant laws.
5. Legal Compliance and Social Responsibility
This policy complies with all relevant laws and regulations, including but not limited to:
- Work Health and Safety Act and Occupational Health and Safety regulations
- Fair Work Act
- Equal Opportunity legislations
- Anti-discrimination laws and other relevant Australian legislation
This policy aligns with our commitment to social responsibility, upholding workers' rights and fair treatment in the workplace and fostering positive work environment.
6. Attachments
To ensure the effective application of this policy, following templates are attached as reference:
- CSA Workplace Conduct Report Form: For CSAs to submit their discrimination, bullying or harassment incidents formally.
- Workplace Conduct Resolution Template: Used to document and communicate the outcome of a discrimination, bullying or harassment incident resolution.
- Workplace Conduct Record Template: For tracking and monitoring discrimination, bullying or harassment incidents and their outcomes.
- Record of meeting with employee template: For keeping a record of meetings and discussions with employees/CSAs.
7. Contact Information
For any questions regarding this policy or to report a bullying, discrimination, or harassment incident, please contact:
Supervisor/Manager: AM - Para Pathak 0452 239 005, PM Jarred 0416 845 844
Designated contact person: Jarred Ortiz 0416 845 844
Subcontractor Business Owner: Jamie Ortiz 0499 005 306
Email: operations@jcologistics.net
Phone: 1800 332 333