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Employer took "protectionist" approach to alleged harasser's wellbeing

An employee who complained about workplace s-xual harassment and victimisation was a lower priority for an employer than the accused perpetrator, the FWC has noted, among other criticisms of an HR team's approach.

It was "troubling" that two HR professionals were unable to identify if the employer had a policy or procedure for dealing with sexual harassment, "and yet both gave evidence that they had carriage at various times of the sexual harassment and victimisation allegations relevant to this dispute", Commissioner Julia Fox said.

The Australian Rail, Tram and Bus Industry Union (RTBU) applied to the Commission to deal with a dispute about Metro Trains Melbourne's enterprise agreement, contending the employer breached clause 2.30 in failing to respond appropriately to allegations of sexual harassment in the workplace, raised by one employee (AX) against another (BX).

HR Daily has separately reported details of the Union's arguments and relevant events; this article deals with specific findings about the employer's approach to the workplace complaints...

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