Festive season celebrations are here – have you got it covered?

The festive season is almost upon us and understandably many workplaces will be getting ready for their year-end celebrations. Although, it’s a fun and exciting season for many of us, it’s a timely reminder, that this time of year can present increased risks of sexual harassment or other forms of discrimination. 

According to Safe Work Australia one in two people in the workplace have been exposed to sexual harassment either as a victim or as a bystander. 

Employers must take a risk management approach to eliminate or minimise the risks of sexual harassment from occurring in their workplace, which extends to work-related functions, even if the events continue after hours. 

Positive duties under work health and safety laws require persons conducting a business or undertaking, such as employers, to eliminate or minimise the risk of sexual harassment at the workplace, so far as is reasonably practicable. 

Additionally, under the Fair Work Act, an individual or company may be held liable for sexual harassment committed by an employee or agent in a work-related context, including if they were involved in the employer’s breach. 

The onus is on the employer to take a proactive approach to prevent sexual harassment in the workplace, this includes ensuring the business understands its obligations under legislation, performing a risk assessment in the workplace, regular training and having an effective complaints procedure. 

Remember it’s important that you always create a safe physical and online working environment. You have a duty to manage the risk of sexual harassment just as you do for any other WHS risk and should consider:

• identifying how, where and when sexual harassment might happen
• assessing the likelihood that a worker may experience sexual harassment and how it may affect them (e.g. their physical or mental health)
• implementing the most effective control measures to prevent sexual harassment from happening
• working out how you will address sexual harassment if it does happen
• checking that your control measures are working and whether there is anything more you can do

There are a number of steps you can take to prevent the risk of sexual harassment at year- end celebrations. Here are some ideas to help you start doing what you reasonably can to prevent sexual harassment at end of year celebrations:

• ensure you have a Drug and Alcohol policy and remind employees prior to the event
• reinforce staff of the behavioral standards and expectations prior to the event, which may include a reminder of your current code of conduct
• ensure you have incident reports and processes established internally 
• consider the venue and alcohol being provided 
• be clear about the start and finishing times of the event
• ensure you have a responsible Manager to identify, monitor and assess potential issues
• inform employees about transport options nearby.

How we can help

You need to ensure you have a strategy for preventing and addressing sexual harassment in the workplace, contact our Business Advice Hotline (08) 8300 0000 (select option 1). Our team of industrial relations experts can work with you to understand your obligations and develop a plan to ensure your compliance with these requirements. 

Is it time to train your team members? Don’t worry we have a range of training programs on bullying, harassment (including sexual) and discrimination. 

Check out our full range of training here or contact Cindy Jackway, Training Manager on (08) 8300 0247 or at cindyj@​sabusinesschamber.​com.​au