The first fully-contested judgment regarding a breach of the Fair Work Act's workplace sexual harassment provisions has important implications for all employers.
HR Daily reported the ruling here, and this follow-up Q&A will unpack the Federal Court's key findings and what they mean for organisations.
Nikki Candy from the Working Women's Centre SA (which represented the employee in the case) and HR Daily editor Jo Knox will discuss:
- how courts are handling WSH claims;
- where awareness and understanding of WSH is lacking;
- what constitutes "unwelcome conduct of a sexual nature";
- considerations when weighing "he said, she said" evidence;
- vicarious liability and the section 527D exemption; and more.
About Nikki Candy
Nikki has more than 15 years' experience working in the union movement and employment law sector, representing disadvantaged workers and union members. As the Principal Industrial Officer at the Queensland Working Women's Service, she prosecuted sexual harassment and discrimination matters in the Australian Human Rights Commission and the Equal Opportunity Commission.
Nikki was also the Coordinator of SA Unions' Young Workers Legal Service, where she trained and mentored Law Student Volunteers to assist young people with wage theft claims, unfair dismissals and discrimination matters.
Nikki has been employed at the WWC since July 2020. Initially an industrial officer and lawyer, she was promoted to the position of deputy director in October 2022 and has since become its CEO.
Visit the Working Women's Centre SA website or learn more about Nikki.