Risk Management Festive Season
Risk Management Festive Season – The festive season is arguably one of the best times of the year, but for employers and HR professionals, it also comes with risks that require forward planning and risk management.
I have adapted the AWPTI Understanding Workplace Sexual Harassment and Understanding Workplace Misconduct programs into a short course designed so that employers can clearly outline the behavioral expectations during the festive season specifically at Christmas lunches parties and other gatherings where alcohol may be involved. For more details contact me enquiries@awpti.com.au
This programs includes advice on how to prevent and to react to
* Bullying
* Harassment
* Sexual Harassment
* Discrimination
* Misuse of resources specifically e-mail Internet and messaging systems relating to the above.
* Misuse of social media platforms relating to the above.
Content of the training program please scroll below
This 60-90 minute depending on the level of participant interaction, questions etc, course is part of our ‘Live by Request’ series and can be delivered in person or remotely via Zoom or MS Teams anywhere in Australia or internationally at a time/date to suit your requirements depending on availability
Like all of our programs we charge a flat rate for organisations with no limit on attendees.
During 2024 there have been a number of high profile sexual harassment cases reported in the media involving organisations such as Channel 9, Channel 7, Country Road. And the ABC just to name a few
Something that all employers and HR professionals should be mindful of are complaints of sexual harassment following incidents at the work Christmas party often involving the combination of the workplace and alcohol.
It is important to understand how to safely navigate the festive season without being the fun police!
Risk Management Festive Season – Danger Zones
The biggest area of concern during the festive season is the mixture of the workplace and alcohol. This can be the traditional Christmas party, Christmas Lunches, after work drinks just prior to a holiday break or shut down or any other get together relating to the festive season.
It is important to understand that all of these events can be classed as an extension of the workplace which means that employees are bound by the behavioral expectations of the workplace under normal circumstances but also that employers are bound by their duty of care.
Risk Management Festive Season – Advice for employers
Planning
Plan ahead consider where functions will be held, how long they will go, what will be the start and finish times, will there be any regulation or restriction on the consumption of alcohol, who will oversight this, Have you done any training (see below) or provided employees with any guidance as to the behavioral expectations at the function.
Incident Response
If an incident occurs or is reported take action immediately. Obtain as much detail of the incident the persons involved and any witnesses.
Investigations into incidents involving festive season activities and alcohol are very complex and I caution against taking them too lightly. My advice if you need help contact me as soon as possible.
It is important both for the welfare of the person subjected to inappropriate behaviour and also for the organisation to take action quickly.
It is much better to take proactive action to instigate an investigation then wait until you receive letters from lawyers demanding compensation or some sort of settlement.
Misconduct Training
Ensure that you have training clearly defines what sexual harassment is, what bullying and harassment are, what discrimination is, that they are all unlawful and what to do if a person is subjected to or witnesses sexual harassment, bullying and harassment, discrimination.
It is important that any training also emphasises that bullying, harassment, sexual harassment and discrimination will also not be tolerated.
Common issues
Sexual Harassment
As a result of changes to laws relating to sexual harassment and sex discrimination it has become imperative that organisations to ensure that all of their staff receive training on what sexual harassment and sex discrimination are, that they are unlawful and what do you if an employee is subjected to or witnesses sexual harassment and sex discrimination in the workplace.
The changes to the law created the new Positive Duty – On 25 November 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 was passed into Law.
The Act implements the recommendations from the AHRC 2020 Respect@Work report. It will significantly strengthen Australia’s regulatory framework in respect of sex discrimination, and in particular, sexual harassment.
The Act amends the Sex Discrimination Act 1984 (Cth) by introducing a new Positive Duty for all employers to take ‘reasonable and proportionate measures’ to eliminate, as far as possible, unlawful sex discrimination, including sexual harassment, sex-based harassment, hostile work environments and victimisation.
The positive duty shifts the burden from individuals making complaints to employers taking proactive and preventative action.
From 12 December 2023, the Australian Human Rights Commission (AHRC) can inquire into compliance with the new positive duty. If non-compliance is reasonably suspected, the AHRC can issue a compliance notice and apply to the Federal Court for orders to direct compliance with the notice. For more details about compliance obligations click here
It is highly recommended that all employers have training in place for all their employees that outlines the behavioral expectations at Christmas functions and clearly outlines that the Christmas function is part of the workplace and that the rules applying to sexual harassment apply equally during any Christmas or end of year function.
Having training in place is not only important for an employer to satisfy with a positive duty under sex discrimination and sexual harassment laws but also the general duty of care to take all reasonable steps to ensure that nothing in the workplace could cause an employee to suffer an injury or illness, courts and tribunals have found that workplace sexual harassment, bullying, general harassment and discrimination can lead to psychological injuries and illnesses such as stress anxiety depression, PTSD and in the worst cases suicide.
Don’t take the risk of your business failing to satisfy your duty of care.
Workplace Bullying
Workplace bullying is any behaviour that is repeated, systematic and directed towards an employee or group of employees that a reasonable person, having regard to the circumstances, would expect to victimise, humiliate, undermine or threaten and which creates a risk to health and safety.
It is unlawful under Fair Work Act section 789FD (1)
In 2014, the Fair Work Act was amended to allow employees who believe that they are being bullied in the workplace to apply to the FWC for an anti-bullying order. Section 797FC.
Upon receiving the application, the FWC would investigate the matter within 14 days and if warranted issue the order.
Failure to comply with the order could result in a fine for the person named in the order.
It is worth nboting that quarterly statistics have shown that 70-85% of total applications are for orders against managers or groups of managers.
Workplace Discrimination
Discrimination is any behaviour, practice or omission that makes distinctions between individuals or groups so as to disadvantage some and advantage others.
Discrimination is unlawful on the grounds of:
- Age
- Carers’ responsibilities
- Disability – physical or intellectual disability, HIV/AIDS
- Gender
- Irrelevant criminal record
- Marital status, including occupation of spouse or partner
- Parental status and carer/family responsibilities
- Physical appearance
- Political conviction
- Pregnancy or potential pregnancy
- Race, nationality or ethnic origin
- Religious belief
- Sexuality or sexual orientation
- Social origin
- Trade union activity
- Transgender
- Subjection to domestic or family violence.
- Immigration status
Under the Work Health and Safety Act 2011, employers and employees have a legal responsibility to comply with any measures that promote health and safety in the workplace. Employers must therefore take all reasonable steps to eliminate or reduce the risks to employees’ health and safety in the workplace.
Bullying, harassment, sexual harassment and discrimination may be unlawful under federal and state anti-discrimination legislation where the complaint is linked to or based on one of the prohibited grounds of discrimination. Discrimination legislation includes:
Content of the program
For inquiries or to discuss making a booking – enquiries@awpti.com.au