Voice to Parliament could see voices raised at work – raising concerns around discrimination, health and safety
Australia’s impending referendum on the “Voice to Parliament” has raised the issue of politics being discussed at work.
With both sides of the argument being hotly debated in the media and through strong advertising campaigns, the issue enviably carries into the workplace.
But the question remains, is that the right environment to have contentious issues debated?
There are a number of issues that employers should keep top of mind whenever it comes to discussing politics in the office, according to Zana Bytheway, executive director of JobWatch, employment rights community legal centre, said.
Concerns about employee discrimination
And these are primarily discrimination, adverse action, and occupational health and safety.
“Discrimination or adverse action on the basis of political opinion is legally prohibited – with some caveats. This means that someone cannot be treated unfairly or worse than others because of their political beliefs or activities.”
In this context, an employee’s support for or against the Voice to Parliament cannot be the reason why they are treated unfairly in the workplace, she said.
“Employers need to keep in mind that under certain legislation, they could be held vicariously liable for discrimination in the workplace that is conducted by their employees – even if this was done without the employer’s knowledge. To minimise their liability, they should be able to demonstrate that they’ve taken reasonable steps to minimise the risk of discrimination through workplace policies, training and/or communication.”
Health and safety concerns
Bytheway also points out that occupational health and safety (OHS) is also a major consideration for employers.
“This isn’t just limited to physical safety, but also mental and emotional safety,” she said. “If an employee is being bullied because of their political opinion, this poses a significant OHS risk.
“The same concept applies with debates. Employers should take active steps to minimize the risk of this behaviour occurring, as well as proactively addressing it with disciplinary action if it does occur.”
Should political talk be banned?
Prohibiting workplace political discussions isn’t necessarily because any communal eating area or tea/coffee facilities will see people interacting on an array of issues.
“Simply banning political discussions at work is a difficult proposition, not least because the definition of ‘politics’ is very individual,” Bytheway said.
“For a First Nations person, the Voice may not be just political discussion, but an integral part of their cultural identity – banning them from discussing it at work could put an employer in the difficult situation of avoiding political discrimination but creating race discrimination.”
A good approach for employers is to consider the more fundamental question of how they support employees, she said, “and encourage them to handle difference, respect one another, listen, and learn.
“Building workplace cultures that foster respect and allow for disagreement that isn’t destructive to an individual, to a group of people, or to the organisation, is critical to building a workplace that is truly inclusive. Training, education, policies, mirroring by leadership – all these actions can help to equip employees to learn to disagree on certain things without it derailing the entire working relationship.”
Workplace policies for political discussions
Employers can also put in rules around such contentious topics.
“While it is important to encourage open discussions, employers also have a responsibility to ensure that these conversations remain respectful and do not cross any boundaries,” Matt Little, co-owner of Damien McEvoy Plumbing, said.
“First, employers need to establish clear guidelines by developing a workplace policy that outlines acceptable behaviour during discussions. This policy should emphasize respect, inclusivity, and professionalism.
“Secondly, they need to provide diversity and inclusion training. Educate employees about the importance of diversity, inclusion, and respectful communication. This training can help foster a culture of understanding and empathy.”
Third, employers need to moderate discussions, he said.
“Designate a neutral party, such as a manager or HR representative, to oversee meetings and intervene if necessary. This ensures that discussions remain constructive and respectful.
“Lastly, they should encourage active listening. Emphasize the importance of listening and empathy during discussions. Encourage employees to understand and consider different perspectives before responding.”
