Unlawful Behaviour

Amendments to the Sex Discrimination Act now impose a positive duty on employers to take “reasonable and proportionate measures” to eliminate sexual harassment and discrimination in the workplace and ensure a non-hostile working environment for employees.

The Australian Human Rights Commission has now set out the key standards that should be addressed by an employer. These can be summarised as

• Leadership – employers are visible in their commitment to provide a safe workplace;

• Culture – staff are empowered to report unlawful conduct;

• Knowledge – an appropriate policy is in place and communicated to staff;

• Risk management – a risk-based approach is taken for prevention and response;

• Support – employees who experience or witness inappropriate behaviour are supported;

• Reporting – Employees know how to report unlawful conduct and managers know how to respond;

• Monitoring and evaluation – data is collected and used to assess and improve the workplace.

Primary Employers Tasmania can assist in implementing these key steps by providing policies and training to ensure best practice.

A complaint by an employee can be lodged with the Fair Work Commission, the Human Rights Commission, WorkSafe Tasmania or Equal Opportunity Tasmania. As an employer, if you have taken the necessary steps to protect your staff you could be liable for penalties if the matter ends up in a tribunal.

It should be noted that sexual harassment in the workplace is now regarded as serious misconduct leading to the termination of employment of perpetrators. Again, Primary Employers Tasmania can assist in this area