Posts: positive duty

The Sex Discrimination Act 1984 (Cth) protects employees from sexual harassment, and as part of the Respect@Work amendments now prohibits sex-based harassment.

The Model Work Health and Safety Act 2011 (Cth) imposes a positive duty on officers to exercise due diligence to ensure the person conducting a business or undertaking complies with its work health and safety duties and obligations.

As the silly season approaches, employers must ensure that they thoughtfully plan their end-of-year celebrations and carefully consider the potential risks associated with hosting work-related functions.

Under the anti-bullying jurisdiction of the Fair Work Act 2009 (Cth), the Fair Work Commission has the broad power to make an order (other than monetary payment) that it considers appropriate to prevent a worker from being bullied at work.

A recent decision of the Victorian Civil and Administrative Tribunal, which has resulted in an employer being required to pay an employee over $53,000 in compensation, has highlighted the need for employers to inform themselves of their obligations in relation to eliminating workplace sexual harassment, victimisation and sex discrimination.