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Examining Roadmap to #RespectAtWork its clear the recommendations in relation to the introduction of a positive duty to prevent sexual harassment have not been accepted “in principal or it part” & absent changes to WHS laws it’s not squarely covered as “noted” #Thread
Whilst in providing advice to employers on their duties in sexual harassment matters I have always contemplated and covered WHS risks and obligations, these issues are not seen by synonymous by employers, employees & regulators to date nor is this clear as a matter of law
As sexual harassment happens on a scale, failure to address some forms sexual harassment will necessarily constitute a breach a “person conducting business or undertaking’s” (PCBU) duty to ensure the health & safety of workers so far as reasonably practicable
In 2018 I commented a robust, early intervention process specifically catered to sexual harassment – akin to those of the Fair Work Ombudsman or Safe Work Australia – would act as a more effective deterrent. This was clearly recommended in the report https://www.hrmonline.com.au/employment-law/problem-sexual-harassment-laws/#.YG7RQP2owFC.linkedin
Regulators have broad investigative powers & can issue fines for non-compliance. If employers can’t demonstrate they are actively promulgating policies or investigating matters swiftly & impartially, early intervention by a regulator may prompt action
When FWC Applications to“Stop the Bullying” where introduced, employers feared the flood gates would open & their management prerogative would forever be fettered. These applications are rare and take courage. A traumatised worker is unlikely to seek orders. They usually leave
As work health and safety is covered by our many and varied state systems and regulators, it seems that a positive duty in the Federal Sex Discrimination Act as an overriding obligation would be more effective in achieving the Roadmap’s objectives of clarity and simplicity
A positive duty would mean all employers nationally must “take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible”
Clear, measured, reasonable & not inconsistent with current laws #NotOnMyWatch
Clear, measured, reasonable & not inconsistent with current laws #NotOnMyWatch
An express prohibition of Sexual Harassment under the Fair Work Act, couple with civil penalties and accessorial liability under s.550 for those “involved in the contravention” would have been a game changer.
A lot that has been agreed & the road to change has started. There will be a lot for employers to get across and training will need to cover legislation across multiple jurisdictions. There will be heightened obligations, they won’t necessarily be simpler https://www.ag.gov.au/rights-and-protections/publications/roadmap-for-respect
@threader_app work your magic please 
