Anti-Bullying, Harassment and Discrimination Policy
Rice Craig
Anti-Bullying, Harassment and Discrimination Policy Statement
Effective 1 July 2024
1. Rice Craig does not condone nor tolerate any form of unacceptable conduct at any level, including unacceptable conduct by way of using written or spoken language, digital or visual material and/or physical behaviour.
2. All clients, employees and other people Rice Craig engages can be expected to be treated with respect and without being subject to any form of unacceptable conduct.
3. Unacceptable conduct includes conduct amounting to bullying, discrimination, harassment, racial harassment, sexual harassment, theft, or violence. These conducts are well defined in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (RCCC), which are set out below:
- Bullying is defined as repeated and unreasonable behaviour directed towards a person or people that is likely to lead to physical or psychological harm.
- Harassment is defined as intimidating, threatening, or degrading behaviour directed towards a person or group that is likely to have a harmful effect on the recipient and includes repeated behaviour but may be a serious single incident.
- Discrimination is defined as “discrimination” that is unlawful under the Human Rights Act 1993 or any other enactment.
- Racial Harassment is defined as behaviour that expresses hostility against, or contempt or ridicule towards, another person on the ground of race, ethnicity, or national origin and is likely to be unwelcome or offensive to that person (whether or not it was conveyed directly to that person).
- Sexual Harassment is defined as subjecting another person to unreasonable behaviour of a sexual nature that is likely to be unwelcome or offensive to that person (whether or not it was conveyed directly to that person) or a request made by a person of any other person for sexual intercourse, sexual contact, or any other form of sexual activity, that contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
- Violence is defined as including physical violence, psychological violence, sexual abuse, and sexual assault.
4. If you feel you have been subject to unacceptable conduct by any persons at Rice Craig or you witnessed any unacceptable conduct by any persons at Rice Craig, please discuss the issue with Neville Woods of Rice Craig or the HSR, Anne Warner, Practice Manager. You may prefer to have this discussion with the support of a colleague or a friend. Any discussion between you have will be treated with the highest degree of confidence and privacy.
5. Any issue will be dealt with fairly, efficiently and in an effective manner strictly in compliance with Rice Craig’s policies and procedures. If the situation requires an external third party to intervene, a full investigation will be sensitively carried out and an appropriate course of action will be taken.
6. If you are not comfortable discussing with Neville Woods or Anne Warner or require any additional support, external assistance may be available below:
a. The Vitae Legal Community Counselling Service on phone number 0508 664 981;
b. LawCare (another of the Law Society’s services) on phone number 0800 0800 28;
c. The National Friends Panel (a further service provided by the Law Society). The contact details for members of that Panel are shown here.
d. Further, the Auckland Women Lawyers’ Association’s Network of Women Panel may be of assistance. You can receive a list of Panel members by emailing now@awla.nz.
e. In the case of discrimination, the complaints procedure under the Human Rights Act 1993 can be considered. The Human Rights Commission offers a free, confidential service for anyone enquiring or complaining about discrimination, racial or sexual harassment –
0800 496 7877. Refer to https://tikatangata.org.nz/resources-and-support/make-a-complaint. There are other resources and organisations that can assist in relation to sexual harassment and assault:
i. Safe to Talk: Send a text to 4334 and they will text you back.
ii. Police: 111 or 105.
iii. HELP: 09 623 1700.
f. In an employment situation, if an employee has attempted to resolve the problem within Rice Craig and is not
satisfied with the outcome, the employee may raise a personal grievance with Rice Craig under the Employment Relations Act 2000. Refer to https://www.employment.govt.nz/resolving-problems/how-to-resolve-problems/personal-grievances.
7. If you are accused of unacceptable conduct, you will be given details of the complaint and the investigation process, and a reasonable opportunity to seek advice and support and to respond to the complaint. You will be entitled to have support and representation during the investigation, including attending at interviews and meetings. If after a full investigation the complaint is found to have merit, appropriate disciplinary action will be taken.
8. For your convenience click the link to the NZLS complaint form. Furthermore, our formal and informal complaint processes may be assisted by your provision of a written complaint in the manner contained and described in the Rice Craig complaint – informal Form or Rice Craig Complaint – Formal Form. You may trigger such complaints either formally or informally as you may wish.
