A recent Federal Court ruling heightens employers' obligations to take s-xual harassment complaints seriously, even when there's no witnesses to the alleged conduct, a lawyer says.
The first fully-contested judgment regarding a breach of the Fair Work Act's workplace s-xual harassment provisions has important implications for all employers. This Q&A unpacks the Federal Court's key findings and what organisations can learn from them.
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.
In the absence of any complaints to HR, the Federal Circuit Court has rejected that racist and crude comments towards a supervisor were commonplace, and dismissed her discrimination and s-xual harassment claims.
A tribunal has upheld s-xual harassment and discrimination claims against an employer and its CEO, finding they also significantly delayed the proceedings and put the employee through "ongoing suffering".
An employee's participation in sexualised banter "from time to time" didn't mean she welcomed a supervisor's proposition, the Federal Court has stated, in finding her employer vicariously liable for his conduct.
An employee breached sexual harassment laws when she sent 15 images to a coworker, who had "reluctantly agreed" to receive just one, the Federal Court has found.
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.
An employer displayed a "distinct lack of understanding" about its legal obligations regarding workplace sexual harassment allegations, and breached a clause in its enterprise agreement, the Fair Work Commission has found.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
