Fair Work Workplace Policies
The Fair Work Commission raises the bar on Fair Work Workplace Policies and workplace policy training – A recent decision in the Fair Work Commission examined the importance of having effective workplace training in place that supports policies including those relating to sexual harassment in the workplace
In the decision Fair Work Commission Peter O’Keefe, said that employees must be “properly trained” in policies about workplace conduct.
“He has set a high bar, one that seems to dismiss presentations about workplace policies at toolbox talks as sufficient. This “proper training” was described as occurring “not through a tick-and-flick exercise but through a culturally and linguistically appropriate interactive training course that dealt with not just the “what” but also the “why”’ of policies introduced to deal with harassment and inappropriate workplace conduct.”
The decision relates to the case of Ramlan Abdul Samad -v- Phosphate Resources Ltd T/A Christmas Island Phosphates where the dismissal was found to be unfair and compensation in the amount of $33,076.13 was ordered.
Link to case
It is noted that that changes to laws following the Respect@Work report 2020 reinforced that training must clearly outlines what sexual harassment is, that it is unlawful and what employees should do if they are subjected to or witness sexual harassment in the workplace. Respect@Work report 2020
It should also be noted that in December 2023 the Australian Human Rights Commission was granted compliance and enforcement power in relation to the Positive Duty on employers to take all reasonable and proportionate measures to eliminate as far as possible, sex discrimination and sexual harassment in the workplace.
With reference to not only this case but the new positive duty, employers who do not conduct effective sexual harassment training in a timely an ongoing manner may find themselves in a difficult situation when it comes to dismissing employees who may have engaged in sexual harassment or complying with the Positive Duty.
If you as an employer do not have effective sexual harassment training in place AWPTI can assist you details of my program options are here – Sexual Harassment Training Provider
Don’t leave it until it is too late and remember you want me for training before you need me for an investigation. Plus training costs a lot less than this compensation aware. Please contact me if I can
