Anthea Lowe & Associates

Equal Employment Opportunity (EEO), Diversity, Discrimination Prevention, Bullying and Harassment Prevention, and Grievance Management

An Australian Workplace Consultancy

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*    How I can help you

 
*    My experience, skills and achievements

*    Are you as well protected as you should be?

*    Are you a good people manager or supervisor?

*    Contact Information                                                               

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How I can help you

*       Group and ‘one on one’ practical, dynamic, interactive, and customised, skills-based training and coaching programs – for all levels of management and staff – in any Australian State or Territory - on:

*       Bullying and harassment prevention

*       Diversity, equal employment opportunity and discrimination prevention, and/or effective, fair and non-discriminatory decision-making – recruitment and selection, team management and/or separation

*       Grievance management – for contact officers and grievance resolvers

*       Effective, fair and non-discriminatory customer service, and

*       Similar topics.

*       Conference and seminar workshops and presentations – in any Australian State or Territory - on the same or similar topics.

*       Grievance investigations and resolutions

*       Development and writing of tailor-made, ‘best practice’, practical policies and procedures – on diversity, equal employment opportunity (EEO) and discrimination prevention; bullying and harassment prevention; fair and non-discriminatory service delivery; grievance management; counselling and discipline; and other similar topics.

*       Development and writing of customised, skills-based training packages and associated train the trainer programs for your trainers – on the same or similar topics.

*       Advice, ‘expert opinions’ and practical assistance in relation to promoting diversity and EEO; preventing discrimination, bullying and harassment; grievance management; and similar topics.

*       Facilitation of staff consultations, planning and similar meetings.

 

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My experience, skills and achievements

*       Anthea Lowe has a 25 year record of achievements in equal opportunity and people management in both Australia and the UK.

*       She established her workplace consultancy in early 2001.  Since then she has worked for almost 90 different organisations throughout Australia across all three sectors private, public and community.  A significant percentage of these organisations are ongoing clients. 

*       She has:

*          Conducted practical training programs, workshops and conference presentations - in bullying and harassment prevention; diversity, EEO and non-discriminatory decision-making; fair and non-discriminatory service delivery; and grievance management - for senior executives; partners; human resources managers; other line managers; non-supervisory staff; contact officers; and union delegates.

*          Worked with senior managers as an independent investigator and/or facilitator to resolve complex and/or serious workplace grievances.

*          Written tailor-made, ‘best practice’, practical policies and procedures – on EEO and discrimination prevention; bullying and harassment prevention; fair and non-discriminatory service delivery (including writing the first edition of the ‘Equal Treatment before the Law Bench Book’ for NSW judicial officers, which won an Australiasian Insititute for Judicial Administration award for excellence – see http://www.jc.nsw.gov.au/benchbks/equality/); grievance handling; and counselling and discipline.

*          Provided detailed comments on how to improve EEO-related policies and procedures and associated training modules.

*          Provided expert witness opinions for lawyers - in relation to negligence claims for alleged workplace bullying and harassment.

*          Run a series of staff focus groups on the perceived nature and extent of workplace bullying and harassment by employees, customers and others, and then produced an extensive, written report including a set of practical recommendations – every one of which the particular client implemented.

*          Advised HR and other senior managers on, for example, how best to reasonably accommodate the needs of particular employees; how best to prevent bullying and harassment; how to ensure their line managers are able and willing to prevent discrimination, take non-discriminatory decisions and intervene appropriately in potentially unfair, bullying and/or harassing situations; how to design effective and fair grievance management systems; how to handle a particular grievance or potential grievance.

*          Produced customised, skills-based EEO and bullying/harassment prevention training packages for use by internal trainers, and conducted associated train the trainer programs.

*          Run awareness and practical behaviour modification sessions for individuals found to have been involved in discrimination, harassment or bullying to help ensure they do not re-offend.

*          Conducted or provided advice on EEO-related staff consultations and surveys.

*          Helped an under-functioning team to resolve interpersonal and work conflict issues.

*          Facilitated complex restructuring and planning meetings.

*       Anthea would be delighted to supply you with referees for any of the above.

 

*       In June 2001, Anthea wrote, published and marketed the first, practical set of guidelines for Australian employers on the prevention of workplace bullying and harassment.  These have been used by organisations throughout Australia. 

*       Following the publication of these guidelines, Anthea was commissioned to write the harassment and bullying prevention chapter in the first three editions of CCH’s Australian Master Human Resources Guide (2002, 2003 and 2004/05) and the bullying prevention chapter in the fourth, fifth (2006 & 2007) and upcoming sixth (2008) editions.

*       Anthea is a non-judicial member of the Equal Opportunity Division of the NSW Administrative Decisions Tribunal which means that she regularly hears and decides cases of discrimination and harassment that have not been able to be settled by the Anti-Discrimination Board of NSW.  She is a member of both the NSW Equal Employment Opportunity Practitioners’ Association and the Australian Human Resources Institute. 

*       Before establishing her consultancy, Anthea was the Manager, Education Services at the Anti-Discrimination Board of NSW.  There, Anthea was regarded as a dynamic and inspirational people manager and leader.  She expanded her team from 4 to almost 20, by, among other things, initiating and developing a highly successful commercial unit providing EEO-related consultancy, training and publications for all sectors. 

*       Anthea wrote most of the Board’s practical, ‘plain English’ publications. The workplace guidelines series she wrote received an excellent review in HR Monthly, March 1999 and was also commercially licensed to the Equal Opportunity Commission, Victoria.

*       Frequently requested as a dynamic presenter by EEO and HR conference organisers, Anthea developed and then managed the training programs still used by the Board, and conducted and managed longer-term consultancy projects for both private and public sector clients.

*       Before working at the Board, Anthea researched and wrote a series of publications for the NSW Cancer Council; and spent 2 years developing the Immigration Advice and Rights Community Legal Centre. 

*       For several years in London, UK, Anthea managed the team that produced a comprehensive, integrated, practical social welfare advice and information system, distributed monthly to several hundred street-front Citizens Advice Bureaux.  Anthea’s first book, the practical Ins and Outs of Immigration Law was published in London in 1983. 

 

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Are you as well protected as you should be?

*       There are many Australian Commonwealth, State and Territory laws that deal with issues related to EEO, discrimination, bullying and harassment.  The most commonly used laws divide into the following categories:

*          Equal opportunity/anti-discrimination

*          Industrial/workplace relations

*          Occupational health and safety and workers’ compensation

*          Criminal

*          Common – for example, negligence claims.

 

*       Under each of these categories of law, the general rule is that your organisation/employer will be legally liable for any discrimination, harassment or bullying that is committed by any employee (and, of course, that breaks any one or more of these laws) – UNLESS your organisation/employer has taken “all reasonable steps”, and/or done everything “reasonably practicable”, to:

*          Prevent the discrimination, harassment, or bullying from happening in the first place, and

*          Resolve, fairly and appropriately, any alleged discrimination, harassment or bullying that is suspected or known by any line manager, grievance adviser or grievance resolver.

 

*       Checklist for senior managers, HR managers and employers - © Anthea Lowe & Associates

These days, Australian courts, tribunals and commissions are saying that - at an absolute minimum – you MUST:

 

1.         Have clear, written policies and procedures that explain precisely what you expect of your employees in relation to both their decision-making, and their behaviour towards each other and your customers or clients. 

*          Do you have an adequate EEO (and/or diversity) and discrimination risk prevention policy and an adequate bullying and harassment risk prevention policy?

*          Do these policies list the particular and more onerous responsibilities of your line managers?

*          Does your bullying and harassment policy include electronic bullying and harassment? 

*          And does it cover bullying adequately, and provide at least as much bullying prevention guidance as it provides about harassment prevention? 

*          Do both these policies adequately cover your employees’ relationships with your customers, clients and with anyone else employees have to interact with in the course of their work – including when at work functions off-site or out of hours and when on work business overnight?

 

2.            Have a clear, written, trusted, fair and followed grievance procedure, backed by a fair, appropriate and followed counselling and discipline procedure. 

*          Do your grievance and counselling and discipline procedures contain sufficient step-by-step detail and guidance to encourage trust in their use?

*          Are there sufficient routes through your grievance procedure to encourage people to come forward?

*          Do your procedures follow the rules of ‘procedural fairness’?

*          Do they contain sufficient detail and guidance to ensure that all those implementing them follow precisely the same and scrupulously fair procedures and decisions for similar levels of work problems and grievances?  In other words, would both the process and the outcome of every grievance stand up to external legal scrutiny?

*          Do you have appropriate record-keeping rules written into your procedures?  

 

3.            Distribute these policies and procedures to every one of your employees, including new ones.

*          Does every employee have copies of all these policies and procedures or know exactly where they can find them?  Or, are they in a few employees’ offices or filing cabinets only, or only available to those who have access to your computer system?

*          Do new employees get them and/or find out about them as part of their induction?

 

4.            Make sure that all your employees can understand all these policies and procedures, and also that they have the knowledge and skills to follow them.  In particular, make sure that all your managers, supervisors and team leaders are actively promoting and ‘holding the line’ about what is and is not acceptable behaviour.  This means actively skills-training all employees, at regular intervals. 

*          When was the last time you trained your line managers, let alone your non-supervisory staff, in these matters? 

*          Can you be sure every one of them knows exactly what is expected of them in relation to EEO, diversity, discrimination, bullying and harassment, grievance management, and counselling and discipline?

*          Can you be sure they have both the willingness and the skills to implement your expectations? 

*          For example, are all your line managers actively and appropriately intervening whenever they suspect, see, hear or are told about any discrimination, harassment or bullying, or about any behaviour that risks a possible claim of discrimination, bullying or harassment?  Or, are they leaving your organisation legally liable for discriminatory, harassing or bullying behaviour that someone in ‘management’ suspected or knew about?  Or, are they leaving your organisation legally liable for risky behaviour that someone in ‘management’ suspected or knew about and should have stopped earlier – that is, before it led to someone being hurt or offended and lodging an actual complaint?

 

*    If you don’t have all of this in place, then not only are you leaving your organisation open to valid and costly legal challenges but also your organisation is not getting the best out of its employees. 

 

*    You are almost certainly experiencing most if not every one of the following:

*          Absenteeism by those being discriminated against, bullied or harassed

*          Increased work error rate

*          Increased work accident rate, greater than necessary injury/stress claims and associated rehabilitation costs and likely increase in your workers’ compensation premium

*          Low morale

*          Decreased productivity

*          Decrease in the quality of work