Posts: sexual harassment

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

When conducting workplace investigations, one issue that we commonly face is ensuring that the process is completed in a timely manner to minimise any disruption and uncertainty in the workplace. However, whilst investigations should be completed as quickly as possible, this must not come at the expense of procedural fairness being provided to all employees involved.

Sexual harassment in the workplace has been the subject of significant reform over the past few years, with an even greater onus on employers now to take proactive measures to minimise or eliminate the risk of sexual harassment in connection with work.

With the new Respect@Work amendments now in place, employers should be mindful of a recent decision handed down by the Fair Work Commission where it upheld the dismissal of an employee on the basis that swearing at a colleague constituted sexual harassment.

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.

In a recent decision of the Victorian Civil and Administrative Tribunal, an employer has been ordered to pay $150,000 in general damages to a former employee for failing to take reasonable precautions to prevent her from being sexually harassed in the workplace.