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Sexual harassment not tolerated

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Hammering home that sexual harassment not tolerated

Last week it was reported that a Bunnings Warehouse (Bunnings) in Melbourne took the unusual step of banning customers (certain tradesmen) from its store for harassing female employees.

Last week it was reported that a Bunnings Warehouse (Bunnings) in Melbourne took the unusual step of banning customers (certain tradesmen) from its store for harassing female employees.

The employee lodged a complaint to store management that some tradesmen who were customers at the store had acted in a sexist manner toward her. In response, store management acted by banning the tradesmen from shopping at the store.

The action by Bunnings is encouraging in a number of respects:

  • The employee who lodged the complaint actually feared that she would lose her job, but instead, Bunnings treated the complaints seriously and without reprisal.
  • Bunnings has sent a clear message to its employees and the community of customers that it is a workplace that does not tolerate sexual harassment of its employees.

The Sex Discrimination Act 1984 (Cth) (SD Act) provides that it is unlawful for a person to sexually harass an employee in their workplace. Employers also have the obligation under work health and safety legislation to provide and ensure a safe workplace to all employees.

As a matter of best practice, some of the ways that employers can comply with the SD Act and prevent sexual harassment in the workplace is through adopting a Code of Conduct about standards of behaviour, implementing an anti-discrimination and harassment policy, with clearly defined options for responding to complaints and rolling out regular anti-discrimination training. In terms of dealing with customers, Bunnings has shown the way with a firm approach to conduct that will not be accepted in their premises.

 

Information provided in this blog is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.

 

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