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Defence Forces Equality, Diversity, and Equal Status Policies 2007

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CHAPTER 9.<br />

REDRESS AND PROTECTION<br />

9.1 Sexual Harassment, Harassment <strong>and</strong> Bullying<br />

Administrative Instruction A7, Ch1, provides for redress <strong>and</strong> protection for members of the<br />

<strong>Defence</strong> <strong>Forces</strong> (including the RDF) in relation to sexual harassment, harassment <strong>and</strong> bullying.<br />

9.2 Complaints Procedures<br />

Administrative Instruction A7 Ch 2 provides effective protection <strong>and</strong> redress for all ranks. It<br />

provides an internal complaint mechanism for all members of the <strong>Defence</strong> <strong>Forces</strong> to seek redress<br />

against discrimination <strong>and</strong> victimisation on the seven (7) grounds. Complaints will be submitted,<br />

in the first instance, to Unit Comm<strong>and</strong>ers, Section Heads <strong>and</strong>/or Brigade/Formation Staffs.<br />

9.3 Complaints not related to Discrimination or Victimisation<br />

Personnel may also submit complaints under Section 114 of the <strong>Defence</strong> Act 1954, as amended<br />

(Redress of Wrongs) on unfair treatment, or a wrong, not covered by the seven (7) grounds.<br />

9.4 The <strong>Defence</strong> <strong>Forces</strong> Ombudsman<br />

Where serving personnel are not satisfied with the outcome of a complaint or a redress/appeal,<br />

they may make a case to the <strong>Defence</strong> <strong>Forces</strong> Ombudsman to adjudicate on the outcome.<br />

9.5 <strong><strong>Equal</strong>ity</strong> Authority<br />

Members of the <strong>Defence</strong> <strong>Forces</strong> must exhaust all internal redress/appeals mechanisms before<br />

they can submit a case to the <strong><strong>Equal</strong>ity</strong> Authority.<br />

9.6 Discipline<br />

The <strong>Defence</strong> <strong>Forces</strong> disciplinary process backs up the complaints procedure. Any victimisation<br />

against a complaint, the person complained of, or, a witness will be treated as a disciplinary<br />

offence.<br />

9.7 Time Limit for Pursuing Complaints<br />

A complaint must normally be referred within six (6) months of the last occurrence of the<br />

alleged discriminatory act. This may be extended for a further six (6) months where there is<br />

“reasonable cause” to explain the delay for not referring the claim within six (6) months.<br />

9.8 Investigations<br />

Comm<strong>and</strong>ers, when investigating a complaint, will ensure that the principles of natural justice<br />

<strong>and</strong> fairness are applied.

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