Page 29 - O'Shea Group EHB May 2019
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Common Law, or under the Defamation Act, 1961 or Article 40.3.2 of the Constitution and it is also
               improper and inappropriate behaviour, which lowers morale and interferes with work effectiveness.

               Harassment  will  not  be  permitted  or  condoned  within  the  working  environment.  Appropriate
               disciplinary action, including dismissal for serious offences, will be taken against any person who
               violates this policy.
               3.3.1 Definition (Harassment)
               Harassment is defined as any form of unwanted conduct related to a person's relevant characteristic
               as defined by the Employment Equality Acts, 1998-2015 being conduct which has the purpose or effect
               of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive
               environment for the person.

               3.3.2 Behaviour that may constitute harassment
               Many forms of behaviour may constitute harassment including: -

                   •  Verbal harassment - jokes, comments, ridicule or songs.
                   •  Written harassment - including faxes, text messages, e-mails or notices.
                   •  Physical harassment - jostling, shoving or any form of assault.
                   •  Intimidatory harassment - gestures, posturing or threatening poses.
                   •  Inappropriate use on on-line social media platforms and/or forums
                   •  Visual display such as posters, emblems or badges or on-line content posted to social media
                       platforms
                   •  Isolation or exclusion from social activities.
                   •  Pressure to behave in a manner that the employee reasonably thinks is inappropriate, for
                       example,  being  required  to  dress  in  a  manner  unsuited  to  a  person's  ethnic  or  religious
                       background.

               3.3.3 Definition (Sexual Harassment)
               Sexual harassment is defined as unwanted verbal, non-verbal or physical conduct of a sexual nature
               being  conduct  which  has  the  purpose  or  effect  of  violating  a  person's  dignity  and  creating  an
               intimidating, hostile, degrading, humiliating or offensive environment for the person.

               3.3.4 Behaviour that may constitute sexual harassment
               Many forms of behaviour may constitute sexual harassment including:

                   •  Unwelcome acts of physical intimacy.
                   •  Unwelcome requests for sexual favours.
                   •  Any  other  act  or  conduct  including  spoken  words,  gestures  or  the  production,  display  or
                       circulation of written words, pictures or other material that is unwelcome and which has the
                       purpose  or  effect  of  violating  a  person's  dignity  and  creating  an  intimidating,  hostile,
                       degrading, humiliating or offensive environment for the person. This may include jokes, pin
                       ups, comments about a particular sex in general or about someone's sexuality in particular. A
                       single incident may constitute sexual harassment.
               3.3.5 Duty of those responsible for employees
               All supervisory personnel are responsible for eliminating any harassment or bullying of which they are
               aware. Failure to take appropriate steps will be considered failure to fulfil all the responsibilities of the
               position and may be dealt with under the Company's disciplinary procedure.

               3.3.6 Sanctions and Miscellaneous matters
               All employees have the right to be treated with dignity and respect and complaints by employees will
               be treated with fairness and sensitivity and in as confidential a manner as possible. Sexual harassment,

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