Anti-Bullying and Harassment Policy
POLICY STATEMENT
Hamertons Lawyers Limited (“Hamertons”) is clear that bullying, discrimination, harassment, racial harassment, sexual harassment or violence is not accepted by the practice at any level; and that all clients, employees, and other people the law practice engages with can expect to be treated with respect.
What is Bullying and Harassment?
In the context of the Lawyers Client Care and Conduct Rules, there are specific definitions of bullying and harassment as follows:
bullying means repeated and unreasonable behaviour directed towards a person or people that is likely to lead to physical or psychological harm.
discrimination means discrimination that is unlawful under the Human Rights Act 1993 or any other enactment.
harassment --
racial harassment means behaviour that --
sexual harassment means --
Examples:
Sexual harassment can happen to, and be carried out by, someone of any sex. It can be subtle or more obvious.
Whether a behaviour is sexual harassment is viewed objectively, considering whether the conduct was unwelcome or offensive, from the perspective of the complainant.
Examples of sexual harassment:
Examples of racial harassment:
Complaint’s procedure:
If you have been subjected to bullying or harassment as a team member, contractor or client you should:
Lawyers Complaints Service
PO Box 5041
Wellington 6140
New Zealand
Phone: 0800 261 801
To lodge a concern:
lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form
To make a formal complaint:
lawsociety.org.nz/for-the-community/lawyers-complaints-service/how-to-make-a-complaint
Email: complaints@lawsociety.org.nz
Support:
If as an employee or contractor you have been subjected to bullying or harassment, there are supports available including:
https://www.lawsociety.org.nz/professional-practice/practising-well/bullying-and-harassment/assistance-and-support/national-friends-panel-list-sensitive-matters/
WorkSafe provides information on what you can expect from your employer once you bring your concerns to their attention.
Hamertons will also work with you to identify other specific supports that may be appropriate which may include private counselling.
If you have been subjected to bullying or harassment in any context, the following organisation is available to provide support and assistance:
The Human Rights Commission has a specific guide on dealing with sexual harassment. The Commission also offers a free, confidential service for anyone enquiring or complaining about discrimination, racial or sexual harassment – 0800 496 7877.
There are also other resources and organisations that can assist in relation to sexual harassment and assault:
Hamertons Lawyers Limited (“Hamertons”) is clear that bullying, discrimination, harassment, racial harassment, sexual harassment or violence is not accepted by the practice at any level; and that all clients, employees, and other people the law practice engages with can expect to be treated with respect.
What is Bullying and Harassment?
In the context of the Lawyers Client Care and Conduct Rules, there are specific definitions of bullying and harassment as follows:
bullying means repeated and unreasonable behaviour directed towards a person or people that is likely to lead to physical or psychological harm.
discrimination means discrimination that is unlawful under the Human Rights Act 1993 or any other enactment.
harassment --
- means intimidating, threatening or degrading behaviour directed towards a person or group that is likely to have a harmful effect on the recipient; and
- includes repeated behaviour but may be a serious single incident
racial harassment means behaviour that --
- expresses hostility against, or contempt or ridicule towards, another person on the ground of race, ethnicity, or national origin; and
- is likely to be unwelcome or offensive to that person (whether or not it was conveyed directly to that person).
sexual harassment means --
- subjecting another person to unreasonable behaviour of a sexual nature that is likely to be unwelcome or offensive to that person (whether or not it was conveyed directly to that person); or
- a request made by a person of any other person for sexual intercourse, sexual contact, or any other form of sexual activity, that contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
Examples:
Sexual harassment can happen to, and be carried out by, someone of any sex. It can be subtle or more obvious.
Whether a behaviour is sexual harassment is viewed objectively, considering whether the conduct was unwelcome or offensive, from the perspective of the complainant.
Examples of sexual harassment:
- Personal, sexually offensive comments.
- Sexual or smutty jokes.
- Unwanted comments or teasing about a person's sexual activities or private life.
- Offensive hand or body gestures.
- Physical contact such as patting, pinching or touching.
- Provocative posters with a sexual connotation.
- Persistent and unwelcome social invitations (or telephone calls or emails) from workmates at work or at home.
- Hints or promises of preferential treatment in exchange for sex.
- Threats of differential treatment if sexual activity is not offered.
- Sexual assault and rape.
Examples of racial harassment:
- Making offensive remarks or jokes about a person's race,
- Copying or making fun of the way a person speaks,
- Calling people by racist names,
- Deliberately mispronouncing or mocking people's names.
Complaint’s procedure:
If you have been subjected to bullying or harassment as a team member, contractor or client you should:
- Raise the issue as soon as possible with Angela Kershaw, Director via phone 07 3070680, email a.kershaw@hamertons.co.nz or by post Hamertons PO Box 601, Whakatane 3158.
- If the issues raised mean that you do not feel comfortable raising them with Mrs Kershaw, raise the matter with the Practice Manager Melanie Collins via phone 07 3070680, email m.collins@hamertons.co.nz or by post Hamertons PO Box 601, Whakatane 3158.
- The details of your complaint will be kept confidential with the following exceptions:
+ The Directors of Hamertons Lawyers will be privy to the information;
+ The allegations raised will be put to the person to whom they relate to allow them to respond;
+ Hamertons Lawyers Ltd is subject to a mandatory reporting regime to the NZ Law Society pursuant to the Lawyers Rules of Client Care and Conduct. - Hamertons will investigate the complaint and will advise you of the outcome of the said complaint within 14 days.
- If, due to the nature of the complaint it is inappropriate for the victim and alleged offender to continue to work together (in an employment context or in a client / lawyer context), interim steps will be taken on a case by case basis to ensure protection whilst the matter is being investigated.
- If you are unhappy about the way your complaint has been handled you can also contact the NZ Law Society’s Lawyers’ Complaints Service, at:
Lawyers Complaints Service
PO Box 5041
Wellington 6140
New Zealand
Phone: 0800 261 801
To lodge a concern:
lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form
To make a formal complaint:
lawsociety.org.nz/for-the-community/lawyers-complaints-service/how-to-make-a-complaint
Email: complaints@lawsociety.org.nz
Support:
If as an employee or contractor you have been subjected to bullying or harassment, there are supports available including:
- Vitae Legal Community Counselling Service: 0508 664 981
- Law Care free phone line: 0800 0800 28
- NZ Law Society National Friends Panel members who deal with sensitive matters
https://www.lawsociety.org.nz/professional-practice/practising-well/bullying-and-harassment/assistance-and-support/national-friends-panel-list-sensitive-matters/
WorkSafe provides information on what you can expect from your employer once you bring your concerns to their attention.
Hamertons will also work with you to identify other specific supports that may be appropriate which may include private counselling.
If you have been subjected to bullying or harassment in any context, the following organisation is available to provide support and assistance:
The Human Rights Commission has a specific guide on dealing with sexual harassment. The Commission also offers a free, confidential service for anyone enquiring or complaining about discrimination, racial or sexual harassment – 0800 496 7877.
There are also other resources and organisations that can assist in relation to sexual harassment and assault:
- Safe to Talk: Send a text to 4334 and they will text you back
- Police: 111
- HELP: 09 623 1700
- Counselling Services Centre: 09 277 9324
- National rape crisis: 0800 883 300
- ACC (for assistance with funding support): ACC Sensitive Claims 0800 735 566
- Lifeline: 0800 543 354 (0800 LIFELINE)
- Sexual assault support centres near you: www.sexualabuse.org.nz