Also play these "Smartest guys in the room" back with their own rules.
They can't legally wriggle out then.
Have a look at Qantas' "Standards of Conduct Policy manual ", downloadable from the company website.
Have a look at the following sections for example
s2.2 Key principles underpinning the qantas group's Standards of Conduct Policy are building and fostering a culture in which diversity is valued and seeking to provide a workplace that is free from Discrimination, Harassment, threats, intimidation and humiliation
s5.1 particularly "Managers also have responsibilites as employees."
s6.1 Standards of personal Behaviour.
(a) Acting with honesty and integrity
(ii) never misuse any privilege, authority or status.
s9.4 Unlawful Discrimination ...... In Australia, unlawful grounds include, but not limited to:
(k) trade union membership/industrial activity.
s10 Harassment
s10.1........ Harassment can take many forms. it may be verbal, phisical, written or pictorial. Harassment is usually a pattern of behaviour but one act may constitute Harassment if it is serious.
s10.2 ties in with section 9.4
s16.26 failure to comply with any company or applicable qantas Group policy
s17.1 When the conduct of an Employee (includes Management s5.1) does not meet the standard od conduct required by the Company, appropriate corrective action WILL be taken, which may include termination of employment.
s17.6 reports/Complaints
(c) Staff should be aware that it is possible for an individual to be sued or prosecuted separately from the Company in respect of complaints of workplace Harassment, discrimination and Bullying and that they may be personally liable for any penalties imposed by a court breach of legislation.
s17.18 Procedural fairness..... In any investigation
(a) allegations should be provided to the Respondent ,generally in writing
(b) the respondent is entitled to know the substance of any allegations or complaint(s) against them;
(e) the Company MUST consider the response of the respondent;
(f) correct and thorough documentation must be maintained, so far as reasonably practicable;
This section is important. Qantas Management have a habit of keeping these type of incidences on the quiet, rarely any written paper trail. Keep the bastards honest!
s17.19 The investigation process guidelines
s17.21 (a) iv whether the investigation process guidelines set out in this Policy has generally been followed.
s19 Compliance
19.1 Managers and People representatives of each Entity/Business Unit are resposible for monitoring and enforcing compliance of this policy.
19.2 any identified breaches of this Policy should be reported to the relevant Entity/ Business Unit People representative.
Just a quick precis, but I've found if you use "their" own rules against them it then limits "their" lawyers wriggle room.
Last edited by blow.n.gasket; 9th May 2012 at 02:08.