The Fair Work Act has recently undergone amendments to prohibit sexual harassment in connection with work.

The amendments provide protection against sexual harassment to various individuals involved in a workplace setting. This includes employees, contractors, work experience students, volunteers, future workers, and individuals conducting a business or undertaking. By extending coverage to a broader range of individuals, the legislation acknowledges that sexual harassment can affect anyone within the work environment, regardless of their specific employment status.

Under the new legislation, both individuals and companies can be held liable for sexual harassment committed by their employees or agents in connection with work. However, a person or company can defend themselves against liability by demonstrating that they have taken all reasonable steps to prevent such misconduct. This provision encourages employers to prioritise the implementation of effective policies and measures to prevent and address workplace sexual harassment.

The Fair Work Commission has been granted additional powers to address workplace sexual harassment more effectively. In addition to its existing ability to issue "stop sexual harassment" orders, the Commission can now employ various dispute resolution methods such as conciliation, mediation, and the expression of recommendations or opinions.  If disputes cannot be resolved through these means, the Commission may also offer arbitration as an option, provided all parties involved agree. In such cases, the Commission holds the authority to make orders for compensation, lost wages, or requiring reasonable actions to remedy any loss or damage suffered.

What do Employers need to do?

1. Review and Update Policies

The first step is to review and update existing policies on sexual harassment in light of the amended legislation. Ensure that your policies clearly define sexual harassment, outline prohibited behaviours, and communicate the consequences for violating the policy. Emphasise that sexual harassment will not be tolerated at any level of the organization and that all employees, including supervisors and managers, are accountable for their actions.

2. Communicate and Train

Once policies are in place, it is crucial to communicate them effectively to all employees. This can be done through memos, staff meetings, or email newsletters. Reinforce the message that sexual harassment is unacceptable and that everyone has a responsibility to maintain a respectful workplace.

Additionally, provide comprehensive training programs on sexual harassment prevention and awareness. Training should be mandatory for all employees, including supervisors and managers, and should cover topics such as recognizing harassment, reporting procedures, and the consequences for engaging in or enabling such behaviour.

3. Foster an Open and Supportive Culture

Creating an open and supportive workplace culture is key to preventing sexual harassment. Encourage open communication and establish multiple channels for reporting complaints or concerns. Assure employees that their reports will be taken seriously, investigated promptly, and treated confidentially, to the extent possible. Make it clear that retaliation against complainants or witnesses will not be tolerated.

4. Respond Promptly and Effectively

When a complaint of sexual harassment is brought forward, respond promptly and impartially. Conduct a thorough investigation, ensuring that all parties involved are heard and treated fairly. Engage an external investigator if necessary to ensure an unbiased process. Keep the complainant informed about the progress and outcome of the investigation, while respecting confidentiality.

If the complaint is substantiated, take appropriate action based on the severity of the offence and the relevant legislation. This may include disciplinary measures, counselling, training, or even termination, depending on the circumstances. Communicate the outcome to both the complainant and the alleged harasser, reinforcing the organisation's commitment to a safe and respectful workplace.

5. Continual Monitoring and Improvement

Creating a workplace free from sexual harassment is an ongoing commitment. Regularly review and update policies and procedures, taking into account feedback from employees and emerging best practices. Conduct periodic surveys or assessments to gauge the effectiveness of your prevention measures and identify areas for improvement. Encourage employees to provide anonymous feedback and suggestions for maintaining a positive work environment.

Ensuring a safe and respectful workplace free from sexual harassment requires a proactive approach from employers.

By reviewing and updating policies, communicating and training employees, fostering an open and supportive culture, responding promptly and effectively to complaints, and continually monitoring and improving prevention measures, organizations can create a work environment where all individuals are treated with dignity and respect. These efforts not only comply with the amended legislation but also contribute to a more inclusive and productive workplace for everyone involved.

If you need any advice and need help, please reach out at hello@hrdynamics.com.au or 1800 877 747