Sexual Harassment ABC Investigation
Sexual Harassment ABC Investigation – Following ABC investigation another organisation is in the media in relation to sexual harassment in the workplace.
This time it is the Merivale Hospitality Group detailed in this article – link here
This event dates back to 2017, the article is a follow up to this article – link here
It shows that the past can come back to haunt you when it comes to workplace sexual harassment. What is your business doing to protect your employees and to satisfy your general duty of care and the new positive duty that came into force following the publication of the AHRC Respect@Work report 2020.
Is your organisation taking the chance that you won’t be the next media target?
As I have stated in previous posts it is extremely important for all employers & organisations to understand what the law defines as sexual harassment.
The Sex Discrimination Act 1984 – Sect 28a
A person sexually harasses another person (the person harassed ) if:
(a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or
(b) engages in other unwelcome conduct of a sexual nature in relation to the person harassed;
in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.
An important element of this definition is the last sentence, the anticipated possibility that the person harassed would be offended, humiliated or intimidated. Therefore it can be argued that intent is irrelevant it is the outcome that matters.
In relation to serious misconduct, the Fair Work regulations has included sexual harassment at regulation 1.07,
Fair Work Regulations 2009 – Reg 1.07 Meaning of serious misconduct
(3) For sub regulation (1), conduct that is serious misconduct includes each of the following:
(iv) sexual harassment;
For the definition of sexual harassment under the Fair Work Act, refer to section 28A of the Sex Discrimination Act.
It is important that all employers ensure that their employees fully understand what sexual harassment is, that it is unlawful & what to do if an employee is subjected to or witnesses workplace sexual harassment.
This can be done by conducting training on a regular basis. The Merivale case is one of number of high profile cases involving workplace sexual harassment, don’t take the risk of your organisation being next.
If you require assistance with training, please contact me, I have a number of program options for employees and managers. Details here
Please contact me for more details – phil@awpti.com.au or www.awpti.com.au
