The South Australian Business Chamber Today — Thursday 18 November, 2021
Did you know that from 11 November 2021, an eligible worker who believes they’ve been sexually harassed at work can apply to the Fair Work Commission for an order to stop the sexual harassment.
The Respect at Work amendments introduce a definition of sexual harassment into the Fair Work Act. A person sexually harasses another person if they:
For it to be sexual harassment, it has to be reasonable to expect that, in that situation, there is a possibility that the person being harassed would be offended, humiliated or intimidated by the behaviour. Examples might include unwelcome touching, persistent unwanted invitations to go out on dates, staring or leering, or a suggestive comment or joke.
The amendments confirm that sexual harassment at work is a form of serious misconduct and can be a valid reason for dismissal under the Fair Work Act. Serious misconduct can result in dismissal without notice.
To find out more or if you need guidance to manage an issue in your workplace contact the South Australian Business Chamber’s Business Advice Hotline on (08) 8300 0000 (select option 1).
