BSBDIV501 -Handout

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Handout Course Code and Name: SIT40516 Certificate IV in Commercial Cookery Unit Code: BSBDIV501 Unit Title: Manage diversity in the workplace INSTRUCTIONS Please complete the student details section. Ensure you check your work before submitting. This short answer assessment is one form of assessment that is used to collect evidence of competency for this unit. To demonstrate competence you must correctly answer all questions. Any shortfalls or wrong responses may be followed up by your trainer in verbal, written or practical instance. You will be required to complete other relevant assessment tasks for this unit as instructed by your teacher or trainer. Please note, once the assessor has marked your work they will provide you with feedback. Question 1: List 6 prohibited areas of discrimination your company’s diversity policy should address. PPT 4 Question 2: List 3 examples of policies that may cover aspects of businesses operations affected by diversity PPT 24 Question 3: When should staff be made aware of the diversity policy? - Induction process - All staff must understand the content and intent of the policy - Staff rights and obligations - Must be freely available to all staff Handout
Question 4: Name 2 ways of prompting the diversity policy Displaying the policy on noticeboards and other public areas Explaining the policy to staff at meetings or other forums Question 5: What should you do if you discover areas of the anti-discrimination legislation, which are not fully addressed by your diversity policy in your workplace? - Must address them - How will you address them?- providing feedback to relevant colleagues, at staff meetings - Once updated staff must be made aware of the changes Question 6: What can happen if your own prejudices cause discrimination during the employment process and a candidate is dissatisfied? When employing people, you must look at the attributes of the person to determine whether they can perform the job. It is not acceptable to only consider specific preferences, such as age, that you may have as your desired criteria for a new staff member. If discrimination occurs, a person can complain to the Anti- Discrimination Board. Question 7: List 2 benefits of selecting a socially diverse workforce. More Interesting Place to Work, Life would be boring if we were all the same! Diverse work environments mean that staff are exposed to new ways of doing things, A variety of opinions and beliefs, different technical skills and different ways of life. Improved Customer ServiceService delivery is enhanced when staff can understand and communicate skilfully with customers from diverse backgrounds Handout
Question 8: List 3 types of training you may need to offer staff to help deal with cultural difference in your team. Diversity training Equal opportunity training Human rights training Question 9: List 3 examples of issues caused by cultural differences that can cause tensions between staff. PPT 17 Question 10: How can you manage staff tensions and assist staff in working effectively with each other? PPT 18 Question 11: Who should ideally be in charge when investigating complaints relating to bullying, racial vilification, sexual harassment or violence? Where possible, appoint someone who has dealt successfully with a similar situation to take charge of the investigation Question 12: An employer can be held liable for any unlawful workplace behaviour unless they can prove what? Unless they can prove that all reasonable steps have been implemented to avert unlawful behaviour. Question 13: What are some ways businesses can promote diversity? Setting a good example has been discussed previously and this is one way of helping to prevent intolerance or discrimination. You may also institute discussions of diversity into your staff training regimes to help foster awareness and tolerance in the workplace. Some individuals may require special attention in order to prevent a possible problem. Handout
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Question 14: Give an example of how you can use the skills from a cultural diverse workforce to improve products or services in your industry. Different cultures also enhance the business as staff possess language skills, cultural awareness and understanding which can often be used as a competitive advantage Question 15: Match the following pieces of legislation with their corresponding description . Looking at key words Question 16: List the 2 main ways which can be used to lodge and handle a complaint: PPT 49 Question 17: List 4 types of complaints which must be investigated formally: bullying, racial vilification, sexual harassment violence Question 18: The HR manager asks you to investigate a sexual harassment claim which has occurred yesterday in the catering department. In brief, outline the steps you should take to address this complaint in a professional manner. http://www.wiseworkplace.com.au/knowledge-hub/investigation-practice/ten-steps-harassment Google- Steps to investigate sexual harassment 1. Step 1: Interview the Relevant Persons. ... 2. Step 2: Obtain Other Facts. ... 3. Step 3: Set Out the Allegations. ... 4. Step 4: Deal with Unsubstantiated Allegations. ... 5. Step 5: Deal with Substantiated Allegations. ... 6. Step 6: Deal with False Allegations. Handout
Handout Course Code and Name: SIT40516 Certificate IV in Commercial Cookery Unit Code: BSBDIV501 Unit Title: Manage diversity in the workplace Assessment 2 Whilst EEO legislation covers the general aspects related to Equal Opportunity Employment, the intention of this project is to identify contemporary aspects which would be beneficial for a diverse team in the workplace. You are encouraged to evaluate current programs and identify which aspects can be implemented in a sustainable manner in industry. The link and information provided on the websites are sources of information and all responses you provide here must be clearly referenced. Policies and procedures must be your own work. 1. Go to the website https://www.humanrights.gov.au/our-work/legal/legislation and identify the purpose of the following Acts – what is covered, who does this apply to and what is the relevance in a workplace? Age Discrimination Act The AGE Discrimination Act 2004 protects people from age discrimination in employment, the provision of goods and services, education and the administration of Commonwealth laws and programs. Disability Discrimination Act The Disability Discrimination Act 1992 seeks to eliminate discrimination against people with disabilities. Racial Discrimination Act The Racial Discrimination Act 1975 promotes equality before the law for all people regardless of race, colour or national or ethnic origin. It is unlawful to discrimination against people based on race, colour, descent or national or ethnic origin. Sex Discrimination Act The Sex Discrimination Act 1984 protects people from unfair treatment on the basis of their sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy and Handout
breastfeeding. It also protects workers with family responsibilities and makes sexual harassment against the law. Australian Human Rights Commission Act The Australian Human Rights Commission Act 1986 articulates the Australian Human Rights Commission role and responsibilities. It gives effect to Australia’s obligations under the following: - International covenant on civil and political rights (ICCPR) - Convention concerning discrimination in respect of employment and occupation (ILO 111). - Convention on the Rights of Persons with Disabilities - Convention on the Rights of the Child - Declaration of the Rights of the Child - Declaration on the Rights of Disabled Persons - Declaration on the Rights of Mentally Retarded Persons - Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on religion or belief. 2. Current projects that have been implemented as part of the national strategies for each of the following acts can be found on the relevant areas of www.humanrights.gov.au . Review these current projects and analyse the key factors and campaigns which would be beneficial and could be adapted for managing a diverse workplace. Which potential benefits for a workplace can you find in each of these projects? Age Discrimination Act Age Discrimination in Employment The right to work is a fundamental human right, but one that far too many older people in Australia do not enjoy. The inquiry found that too many people are shut out of the work because of underlying assumptions, stereotypes or myths associated with their age. These beliefs lead to discriminatory behaviours during recruitment, in the workplace and in decisions about training, promotion and retirement, voluntary and involuntary. The cost and impact of this is high, for individuals and for our economy. Disability Discrimination Act Accessibility Housing project One of the Commissioners term goals is to increase access to assessable housing for people with disability. Under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), Handout
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people with disability have the right to an adequate standard of living on an equal basis to thers and the right to fully participate in all aspects of life. Approximately one in five people in Australia have a disability and over 96% of people with a disability live in the community in houses, duplexes, apartments, townhouses and units which they own or rent. Racial Discrimination Act New Racism. It Stops With Me campaign Racism- “It stops with me” is a national campaign that provides tools and resources to help people and organisations learn about racism and take action to create change. The relaunch comes after a period of consultations primarily with Australians who have lived experience of racism. Consultations sought to understand the role a national anti-racism campaign should play. The campaign refresh was also guided by a number of Expert Advisory Groups, made up of experts and practitioners from diverse sectors and communities. Sex Discrimination Act Independent Review into Commonwealth Parliamentary Workplaces On 8 February 2022, a joint statement of Acknowledgment was delivered in the Australian Parliament. This statement, delivered on behalf of the Parlimentary Cross- Party leadership Taskforce, acknowledged the unacceptable history of workplace bullying, sexual harassment and sexual assault in Commonwealth Parliamentary workplaces. 3. Answer the following questions: a) Review your existing diversity policy in the workplace (if one exists) and compare what is included to what should be included. Identify what is potentially lacking and which of the aspects you have researched could be included Included: Scope, Aims, Staff rights and responsibilities, Unacceptable workplace conduct, Merit, Resolving issues, other policies, Review status Could be included: Some of the benefits of a diverse workforce with a range of talents, perspectives and opportunities that could be included: Increased innovation and creativity which are valued and encouraged Improved client service Increased ability to attract and retain quality employees Increased employee satisfaction and productivity, and Improved teamwork and internal and external relationships. b) Given consideration to the requirements you have identified in Question (a) and the positives you have analysed and identified in Question 2; develop a diversity policy which sufficiently covers all Handout
aspects required to manage diversity in a contemporary, modern workplace which fosters effective communication and promotes harmony and an inclusive team Enter your workplace name in the spaces below Bullying is unacceptable in ________________ and may also be against occupational health and safety law. Behaviour that is inconsistent with this Code or is a breach of _________ policy or legal requirements will be appropriately addressed. Whether a formal or informal investigation takes place will depend on the circumstances of the alleged breach. Depending on the findings of any investigation, appropriate actions will be taken, and these could range from coaching to termination of employment without notice. Examples of inappropriate workplace behaviour which are likely to result in termination of employment include substantiated: • Harassment, sexual harassment, discrimination, bullying, vilification or victimisation; • Serious safety breaches, including physical or psychological violence or threats of violence; • Misleading or defrauding of _________; • Theft; • Misuse or wilful damage of _________ property; • Serious and/or repeated breach/es of __________ policies, procedures or the law. 4. Develop a bullying/harassment policy that can be used in your workplace. The policy needs to include: (You may access and reference you state WHS legislation or Fairwork for specific requirements in your state and the following link provides a checklist: https://humanrights.gov.au/our- work/employers/workplace-discrimination-and-harassment-policy-template ) The legal requirements set out by law This responsibility is set out in federal and state anti-discrimination laws, as well as the Fair Work Act 2009 (Cth) . Taken together, they make certain types of workplace behaviour against the law. Examples of what is defined as bullying and harassment and what is not Some examples of workplace bullying include: Abusive or offensive language or comments Aggressive and intimidating behaviour Belittling or humiliating comments Practical jokes or initiation Unjustified criticism or complaints. What is not workplace bullying: Not all behaviour that makes a worker feel upset or undervalued is workplace bullying. Reasonable management action taken in a reasonable way is not workplace bullying. Managers are responsible for monitoring the quality and timeliness of work and providing staff with feedback on their performance. If performance issues need to be addressed, the conversation needs to be Handout
constructive and supportive, and focus on the positives as well as the negatives. It should not be humiliating or demeaning. Unreasonable behaviour may involve unlawful discrimination or sexual harassment, which in isolation is not workplace bullying. Discrimination on the basis of a protected trait in employment may be unlawful under anti-discrimination, equal employment opportunity, workplace relations and human rights laws. Differences of opinion and disagreements are also generally not workplace bullying. However, in some cases, conflict that is not managed may escalate to the point where it becomes workplace bullying. A clear statement that will outline the processes and procedures to be followed in case of any incident including the stages of informal and formal procedures Informal Procedure While in no way diminishing the issue or the effects on individuals, an informal approach can often resolve matters. As a general rule therefore, an attempt should be made to address an allegation of bullying as informally as possible by means of an agreed informal procedure. The objective of this approach is to resolve the difficulty with the minimum of conflict and stress for the individuals involved. Formal procedure The complainant should make a formal complaint in writing to his/her immediate supervisor, or if preferred, any member of management. The complaint should be confined to precise details of actual incidents of bullying. b) The alleged perpetrator(s) should be notified in writing that an allegation of bullying has been made against them. They should be given a copy of the complainant ‘s statement and advised that they shall be afforded a fair opportunity to respond to the allegation(s). 8 c) The complaint should be subject to an initial examination by a designated member of management, who can be considered impartial, with a view to determining an appropriate course of action. An appropriate course of action at this stage, for example, could be exploring a mediated solution or a view that the issue can be resolved informally. Should either of these approaches be deemed inappropriate or inconclusive, a formal investigation of the complaint should take place with a view to determining the facts and the credibility or otherwise of the allegation(s). A statement regarding how you will implement this policy in the workplace and ensure that staff are trained and aware on an ongoing basis, as part of an integrated consultation process It is considered that all personnel who have a role in either the informal or formal procedure – e.g. designated members of management, worker representatives, union representatives etc. should be made aware of appropriate policies and procedures which should, if possible, include appropriate training for all staff. All employees must be free to work in an environment free from bullying, harassment, threats or violence. Managers and team leaders must ensure employees are treated with respect, courtesy and dignity, not harassed, bullied or intimidated. All employees must treat each other with respect and courtesy, not engaging in bullying or intimidating behaviour, nor condoning it by silently bearing witness to these behaviours. Handout
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