19

INAPPROPRIATE BEHAVIOUR POLICY

5.1 Introduction

NVPPCL aims to create a work environment that is harmonious and respectful, and therefore any
inappropriate behaviour that does occur in the workplace will be dealt with in a serious, sensitive and
confidential manner so that the matter can be resolved as quickly as possible for all concerned.

NVPPCL recognises that every employee has the right to his/her dignity and will not condone any form of
harassment. This policy is to affirm the company’s commitment to recognizing an employees’ rights and to
provide procedures that protect such rights by reporting, investigating and correcting or disciplining incidents
of harassment and bullying. New Vision is committed to providing and maintaining a safe, supportive and
healthy work environment.

15.2 Identifying harassment

Harassment may be defined as any unwanted conduct, which affects the dignity of men and women at work.
It may comprise any unwelcome physical, verbal or non-verbal behaviour, which denigrates or ridicules or
is intimidatory. It involves action, behaviour and physical contact or comments that are found to be
objectionable or cause offence. It may make the recipient feel threatened, humiliated or patronized and may
generally create an intimidatory work environment.

15.2.1 Sexual harassment

Sexual harassment is unwanted, unwelcome and offensive behaviour of a sexual nature that violates a
person’s dignity and makes them feel degraded, humiliated, intimidated or threatened.
** It is the person on the receiving end of the behaviour who decides whether or not it is unwanted or
offensive, regardless of what the other person’s intention is.

Someone being sexually harassed might agree to a certain conduct and might even actively participate in
it even though they find it offensive especially if they feel threatened or intimidated in unequal relationships.
E.g. between a superior and a Subordinate or between an older employee and a younger employee.
Sexual harassment at work can happen to both women and men. It can be committed by Supervisors, co-
workers and peers or by non-employees such as guests or business stakeholders.

Sexual harassment takes many forms listed but not limited to the forms below;
a) Physical- when someone uses physical pressure or force to have sexual contact with another person
against their will
b) Verbal - someone gives another person sexual attention through verbal or written comments or
conversation.
c) Non- verbal someone gives another person unwanted sexual attention through noises or action at a
distance.
d) A direct or indirect request made to an employee for sexual intercourse, sexual contact or any other
form of sexual activity that contains an implied or expressed promise of preferential treatment in the
employment.
A direct or indirect request made to an employee for sexual intercourse, sexual contact or any other
form of sexual activity that contains an implied or expressed threat of detriment treatment in
employment.
A direct or indirect request made to an employee for sexual intercourse, sexual contact or any other
form of sexual activity that contains an implied or expressed threat about the present or future
employment status of the employee.
Use of language whether written or spoken of sexual nature such as unwelcome verbal advances,
sexual oriented comments, jokes of sexual nature, catcalling ( sexually suggestive whistling)
obscene expressions addressed directly to the employee.
Use of visual material of sexual nature such as display of sexually suggestive pictures, objects or
written materials.
Physical behaviour of sexual nature such as unwanted and unwelcome touching, patting, pinching,
blocking someone’s path, repeated invasion of personal space or other unsolicited gestures.
Making personal or intrusive comments about someone’s dress and physical appearance.

Remember ANY sexual behaviour that is unwelcome and that the recipient finds offensive can count as
sexual harassment which has a detrimental effect on the staff's employment, job performance or job
satisfaction.

What counts as “workplace?”

This policy is specifically about harassment at work or in the “workplace”. The workplace is any space where
a staff member carries out their work.
On-site spaces ; in the office, Newsrooms or on set
Off-site spaces; in the field and interviews
 iii. | Online spaces: any digital platform used by staff to communicate with others in relation to work.
iv. Work related events; conferences, business trips and training sessions
v. Social events organized by the organisation.

15.2.2 Bullying and harassment

This may be interpreted as the intimidation or the belittling of someone, through the misuse of power or
position, which leaves the respondent feeling hurt, upset, vulnerable, apprehensive, frightened or helpless.
It includes unjustified criticism of personal or professional performance, shouting or swearing at other
persons, unwarranted criticism in front of others, spreading malicious rumors, making malicious allegations,
intimidation or ridicule of people with disabilities or learning difficulties.

It is important to note that harassment:

i. Depends on the view of the individual at the receiving end of another person’s behaviour.
i Does not depend on the severity of the behaviour, even if it is a joke or a throwaway comment.
iil. Can include behaviour that you can either see or hear even if it is neither directed at you nor has
nothing to do with you.

15.3 Preventing harassment

It is the responsibility of every employee to prevent harassment from taking place by acknowledging its
existence, refraining from actions that constitute harassment, reporting any actions that constitute
harassment and making colleagues aware if their conduct can be categorised as harassment.

15.4 Dealing with harassment

Inappropriate behaviour shall be dealt with under the Disciplinary Procedure. (Refer to disciplinary policy)
Depending on the severity of the case such inappropriate behaviour could constitute gross misconduct, and
result in summary dismissal. However, no action will be taken until a full investigation has been carried out
by members of the management team. Should the complaint involve one of the managers, another relevant
senior manager shall be involved in the investigations. If an employee feels that they are unable to deal with
a particular situation without support, they should ask their manager to explain to the person causing offence
that their behaviour is unwelcome and must stop.
If the harasser is a Supervisor/ Manager, this can be reported to the CHRO or CIA or any other member of
the senior management team.

15.5 External Procedure

The above procedure doesn’t exclude an employee’s right to lodge a complaint of harassment to the labour
office.