Sexual Harassment Investigation Fail

Sexual Harassment Investigation Fail – This article originally published in HRD details another case where sexual harassment allegations lead to dismissal & where the worker claimed that the investigation was flawed & the FWC determined that the dismissal unfair due to lack of procedural fairness
https://www.hcamag.com/au/specialisation/employment-law/sexual-harassment-allegations-lead-to-dismissal-worker-questions-flawed-investigation/508116

The case raised questions about the balance between addressing misconduct & ensuring procedural fairness in terminations this is vital for all employers to be aware of & understand.

Investigations into allegations of sexual harassment in the workplace must be undertaken fairly & using best practice investigation processes.

In addition to highlighting the flaws in the investigation specifically procedural fairness the FWC commented that the case underscores the importance of ensuring all employees understand what constitutes appropriate behaviour in the modern workplace, noting that workplace norms and expectations have evolved.

Comments or behaviours that might have been tolerated in the past may now be considered inappropriate or even constitute harassment.

This highlights the need for all employers to ensure that their employees are fully aware of what sexual harassment is, that it is unlawful & what to do if an employee is subjected to or witnessed a sexual harassment in the workplace.

My advice.
For your managers or HR professionals, if you receive complaints of misconduct including sexual harassment ensure that you have the skills, experience, time and processes in place to conduct a professional timely & thorough investigation.

If you are not able to do this consider engaging external investigator (Although this did not work in this case, which highlights the care that must be taken when engaging an external investigator) Here is some advice when engaging an external investigator – https://awpti.com.au/workplace-investigator/

Or you could undertake investigation training.

My next open investigation course is being run on the 4 & 5 November, there are still 3 places available if you wish to attend the details are here – https://awpti.com.au/conducting-workplace-investigations-open-course/

During the course I take participants through the exact process I use in every investigation. I am happy to say that I have never had one of my investigations criticised at the Fair Work Commission.

For all employees I recommend my Respect@Work – Understanding Workplace Sexual Harassment training course. This course is provided live by request which means I will conduct it at a time/date to suit your requirements. Details of this course can be found here – https://awpti.com.au/sexual-harassment-training-provider/

For employers it is important to remember the positive duty under the Sex Discrimination Act to ensure you take all reasonable and proportionate measures to eliminate as far as possible all forms of sexual discrimination including sexual harassment.

Don’t wait, you want me for training before you need me for an investigation, but you want me for an investigation before you need help in Court or at the Australian Hunam Rights Commission.