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Full compliance with positive duty rare, even in large employers

There appears to be a low level of compliance with employers' positive duty regarding workplace s-xual harassment, with absent or poorly enacted policies common, along with deficient investigations, a lawyer says.

According to CEO Nikki Candy, when the Working Women's Centre SA looks into employers on behalf of the women who approach it about sexual harassment matters, "99 times out of 100, there won't be an adequate policy and they won't have done training".

"The work that is designed to be done by businesses to protect their workforce and to do those preventative steps is not happening," she tells HR Daily.

"So the culture is not shifting, but then also they're leaving themselves wide open for liability..."

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