The South Australian Business Chamber Today — 3 February, 2022
In November, the South Australian Business Chamber updated you on the Federal Government’s legislative changes to better prevent and respond to sexual harassment and discrimination in the workplace. The objective of these changes was to reduce the instances of sexual harassment, increase reporting and change workplace culture. The Sex Discrimination and Fair Work (Respect at Work) Amendment Act (2021) now makes this possible.
Since then, the Fair Work Commission has published the first decision under this new sexual harassment jurisdiction. The case itself (THDL[2021]FWC 6692) involved an employee who alleged that they had been sexually harassed by two men in a neighbouring business working out of the same complex. The case was ultimately dismissed due to one of the businesses no longer working out of the shared premises. The case has highlighted some critical matters that all employers need to consider.
One of these considerations is that sexual harassment can come from anyone, not just employees of the business. Suppose an employee is considered to be harassed at work, and there is potential for the harassment to continue. In that case, the allegation can be against not only colleagues but potentially visitors, contractors, customers or even individuals in the same business or office complex.
Sexual harassment only needs to involve an isolated event and can fit many forms of conduct such as sharing explicit messages or images, sexual innuendo and inappropriate jokes, regardless of intention.
To prevent a sexual harassment claim from escalating to a formal claim before the Fair Work Commission, businesses must inform and train their employees. They must also implement workplace policies to highlight the expected behaviour of all individuals and ensure an appropriate procedure is in place for dealing with complaints of sexual harassment in the workplace. This procedure should ensure behaviours stop prior to escalation.
Are you unsure whether your current policy stacks up or where to start creating a new policy? the South Australian Business Chamber’s consulting team are here to help. Our experienced consultants can review and draft policy and procedures for your business and ensure legislative compliance. Our consultants can also undertake workplace investigations if your business is in the unfortunate position of receiving grievances and allegations relating to sexual harassment in the workplace.
Call today on (08) 8300 0000 and speak with one of our highly experienced workplace specialists.
