- Applicability
This Code of Conduct applies to all employees, scholarship holders and workshop participants (hereinafter referred to as employees and scholars) of the Zurich James Joyce Foundation (hereinafter referred to as ZJJF).
- Protection of personal integrity and declaration of principles
Sexual harassment, mobbing and discrimination in the workplace constitute a violation of the personal rights of the individuals affected. They have a detrimental impact on the affected individual’s personal development, self-esteem, freedom of action and decision-making, which violate the individual’s dignity and esteem.
The ZJJF respects and protects the individuality and dignity of its employees and scholars. All employees, scholars and students are entitled to the protection of their personal integrity at their place of work and study.
The ZJJF prohibits any form of sexual harassment, mobbing or discrimination in the workplace and will take appropriate measures to protect its employees and scholars from such harmful behaviour.
- Definitions
a. Sexual harassment in the workplace
Sexual harassment is defined as any conduct with a sexual connotation that may be perceived as improper or unwelcome by the affected person. It may originate from employees at the same hierarchical level, superiors and subordinates as well as external persons.
It may be perpetrated by individuals of any gender.
Employees and scholars are also protected from sexual harassment by third parties, such as business partners and suppliers.
Sexual harassment can include words, gestures or actions. The following behaviours are examples:
- Suggestive and ambiguous remarks
- Remarks about physical advantages or weaknesses
- Rating and appraising looks
- Sexist remarks and jokes, e.g. about sexual characteristics, sexual behaviour, and sexual orientation
- Displaying, showing, posting or sending lewd, pornographic or sexist material
- Unwanted and inappropriate invitations
- Unwanted physical contact
- Propositions accompanied by promises of advantages or threats of disadvantages
- Sexual assault, coercion or rape
b. Mobbing
Mobbing is systematic, hostile behaviour that persists over a long period of time and is intended to isolate, exclude or even remove a person from their workplace.
Mobbing can be expressed in various ways, including the following examples:
- Systematic disruption of communication (e.g. constant interrupting, nagging, ignoring)
- Social undermining in the workplace (e.g. exclusion from team activities, withholding important information)
- Reputational damage (e.g. ridiculing the private situation and personal interests, malicious gossip, slander)
- Attacks on the quality of the work and life situation (e.g. unfair allocation of tasks or of work-free days, under- or over-demanding, unjustified devaluation of performance, humiliation)
- Attacks on (mental) health (e.g. regularly assigning dangerous or monotonous work to the same person, indifference to justified complaints or suggestions for improvement).
Mobbing differs from conflicts, which can arise in any work situation, in that it is an attempt to overwhelm the coping skills of the person being mobbed. Whereas conflicts are mutual, mobbing targets one individual in particular.
c. Discrimination
Discrimination is defined as actions or statements that disadvantage, humiliate, or dis-parage people on the basis of their origin or skin colour, their gender or sexual orientation, their religion, their physical or mental characteristics or on the basis of other relevant criteria.
Discrimination violates the dignity of the individual concerned.
However, not all inequalities in the workplace constitute discrimination. Unequal treatment is legitimate if there is an objective reason, such as better qualifications or greater professional experience. Being denied employment due to a lack of qualifications is not discriminatory, whereas being denied employment due to gender or origin is.
- Responsibility of managers
Managers are responsible for ensuring a harassment- and discrimination-free working atmosphere. They must speak with their employees and scholars about improper behaviour on their part and take corrective action if necessary. Prevention is part of management’s responsibility, as is intervening when appropriate.
Managers at all levels must take such information and reports seriously. If required, they must take appropriate (immediate) measures to protect the individual concerned and inform them of the procedure for reporting incidents.
- Responsibility of employees and scholars
All employees and scholars must treat each other with consideration and respect each other’s personal boundaries. They must work together to create a climate of mutual respect at the ZJJF.
Anyone who witnesses behaviour that could be considered sexual harassment, mobbing or discrimination should not ignore it, but they should approach the person concerned directly and support them. The wishes of the individual concerned must be respected, and unwelcome interference must be avoided. Unfounded and false accusations will not be tolerated and may lead to serious consequences.
Employees and scholars who feel sexually harassed, mobbed or discriminated against should, if possible, indicate clearly to the other person that the behaviour in question is unwelcome and must cease and desist immediately.
- Reporting procedure
The following contact persons are available to advise and support victims and witnesses of inappropriate behaviour. Individuals who have been accused can also contact the following offices:
- Supervisors or management
- External advisory office BeTrieb
- Ombudsperson Mirjam Beerli
In contrast to consultations with the external advisory office and the ombudsperson, which are both confidential, supervisors and management may have to take action even against the wishes of the individual concerned in order to fulfil their duty to inform the employer and to provide proper protection.
The counsellors at the external support office and the ombudsperson are bound to absolute confidentiality. They listen to the persons concerned, point out possible courses of action, and, at the express wish of the person concerned, help to initiate the necessary steps.
BeTrieb
lic. iur. Monika Hirzel
Bahnhofstrasse 37
8001 Zürich
konfliktberatung@betrieb.ch
+41 (0)44 214 67 85
Ombudsperson
Mirjam Beerli
mirjam.beerli@bluewin.ch
+41 (0)76 323 44 08
- Disciplinary measures
The following measures may be taken against individuals who harass, mob or discriminate, depending on the severity of the misconduct:
- Request to apologize to the individual concerned
- Verbal or written warning, if necessary under threat of dismissal
- Change in the scope of duties or transfer
- Ordinary dismissal, with a possible leave of absence
- Dismissal without notice
- For external individuals: ban from the premises, termination of contractual relationship, possibly criminal charges
We reserve the right to take civil and criminal action.
- Intentional false accusations
Any individual who falsely accuses an individual of sexual harassment, mobbing and/or discrimination will be subject to consequences discussed in section 7.
- Information and training
All employees, managers, scholarship holders and workshop participants are hereby informed of this Code of Conduct.
Sexual harassment, mobbing and discrimination in the workplace are regularly addressed as part of the ZJJF’s training and further education program.
All individuals who have an official role in implementing the Code of Conduct (managers) undergo regular training.
- Effective date
This Code of Conduct comes into effect as of 26 July 2024, replacing the version of 2019. It will be reviewed regularly and adapted or amended to reflect changes in circumstances.