The Employer’s Requirement to be Proactive in Preventing Harassment and Discrimination

A recent Fair Work Commission case has sent a clear message to businesses – they cannot rely on a 'tick and flick' strategy to implement policies regarding respectful behaviour and unlawful conduct in the workplace.

The decision reminds employers to be proactive, rather than reactive, when taking steps to prevent unlawful conduct from occurring in the workplace or in connection to work, in line with their legal obligations under the Sex Discrimination Act 1984 (Cth).

In this case an employee was dismissed for inappropriate language and sexual gestures towards another employee and whilst the Commission found that there was a valid reason for the termination, it was decided that the dismissal was nevertheless harsh and unjust because the employee lacked exposure to and understanding of the policies that he was alleged to have breached.

It was argued by the employer that the employee had attended a Toolbox meeting in which copies of the policies were available, but the Commission found that there was no guarantee or evidence that the employees took copies of the policies, and the timeframe of the toolbox meeting was too short to properly explain the policies and take into account language barriers.

It is no longer acceptable for an employer to simply roll out policies and expect employees to read and sign an acknowledgement of understanding. It is essential that education and training about workplace policies be compulsory for all employees, both new and existing, that the training include the employer and senior staff to demonstrate the importance of the training, and that opportunity for active participation among the employees with the opportunity to debate and discuss the policies and to ask questions.

If you require training in any area of human resources management, including the introduction of new policies, Andrew is a qualified trainer and can attend at your business to assist.