Sexual Harassment Training – WHY

Sexual Harassement Training – Why does your ogranisation need it?

Here are some reasons for you to consider

1. All employers have a general duty of care under Work Health and Safety legislation to ensure that they do all that is reasonably practicable to ensure the safety of all others in the workplace which means to ensure that there is nothing in the workplace that could cause an employee to suffer an injury or to contract an illness. This includes taking reasonable steps to eliminate and/or respond to workplace sexual harassment.
2. The creation of the Positive Duty under the sex Discrimination Act Sex compels all employers to take ‘reasonable and proportionate measures’ to eliminate, as far as possible, unlawful sex discrimination. This includes sexual harassment, sex-based harassment, hostile work environments and victimisation.

3. The burden has shifted from individuals making complaints to employers taking proactive and preventative action.

4. The words ‘sexual harassment’ have been added to the definition of Serious Misconduct in the Fair Work Regulations at 1.07. Serious Misconduct can lead to summary (instant, without notice) dismissal with payment only up to the time of dismissal, no 4 weeks in lieu of notice.

5. Under the Fair Work Act, the definition of sexual harassment– see s28a of the Sex Discrimination Act (in circumstances where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated)

6. The creation of Sexual harassment ‘stop orders’ – giving workers access to a mechanism to deal with complaints via Fair Work Commission (FWC). Changes to the Fair Work Act will enable the FWC to make an order to stop sexual harassment in the workplace, as part of the FWC’s existing anti-bullying jurisdiction.

7. The Costs Protection Bill, passed by both houses on 19 September 2024 and will act to remove the financial block for victims taking their perpetrators to court. Previously, a huge percentage of victims in Australia would avoid pursuing court action over fear of the huge adverse costs, also known as the other side’s legal bills.
8. Compenstation payment to victims – for exampleMathews v Winslow Constructors (Vic) Pty Ltd [2015] VSC a breach of duty of care in a sexual harassment employee awarded an over $1.3 million in damagesCollins v Smith (Human Rights)[2015] VCAT employee awarded more than $330,000 as compensationTan v Xenos (No 3) [2008] VCAT 584 – employee was awarded general damages of $100,000.

   Poniatowska v Hickinbotham [2009] FCA 680, employee awarded $90,000 general damages in a total award of $466,000.

What can employers do to satisfy the duty of care and take proactive and preventative action?

1. Have a policy in place that is up to date & current
2. Make sure every employee knows about the policy and where to find it
3. Review, update & provide training to support the policy that outlines;

• • What sexual harassment is
  • That it is unlawful
  • The behavioural expectations of the organisation
  • What to do if an employee is subjected to or witnesses sexual harassment

Need help

Australian Workplace Training and Investigations (AWPTI) Has a number of sexual harassment training options to assist employers to ensure that they satisfy their duty of care and assist in minimising the likelihood of sexual harassment occurring in their workplace,  details are here

Details of the training options available on video are here

Please contact me if I can be of assistance enquiries@awpti.com.au