The recent updates to the Positive Duty Legislation and initiatives from Respect@Work are reshaping workplace obligations for employers in Australia. These updates reinforce the employer’s responsibility to actively prevent discrimination, harassment, and bullying, ensuring safe and respectful environments for all employees.
Understanding Positive Duty under Respect@Work
Positive duty requires employers to proactively identify and mitigate risks of sexual harassment, discrimination, and bullying in the workplace, moving beyond a reactive approach to complaints. This new responsibility is part of Australia’s Respect@Work report recommendations, aimed at fostering a workplace culture that values safety, respect, and inclusion. Employers must now take reasonable and preventative measures, including conducting risk assessments and embedding safeguards in workplace policies and practices.
Case Study:
In a recent landmark case, Taylor v August and Pemberton Pty Ltd [2023] FCA 1313, the Federal Court of Australia awarded $140,000 in general damages to Ms. Fiona Taylor for sexual harassment, marking the highest general damages order under the Sex Discrimination Act 1984 (Cth) to date.
Case Overview:
- Parties Involved: Ms. Fiona Taylor (Applicant) and August and Pemberton Pty Ltd, represented by its sole director, Mr. Simon Grew (Respondent).
- Allegations: Ms. Taylor alleged that Mr. Grew engaged in repeated sexual harassment, including:
- Providing over 19 unsolicited gifts between September 2018 and March 2020.
- Making inappropriate comments about her appearance, such as referring to her as having “bedroom eyes” and being “100% perfect.”
- Expressing romantic interest despite Ms. Taylor’s clear lack of reciprocation.
Court Findings:
- Unwelcome Conduct: The court determined that Mr. Grew’s actions constituted unwelcome conduct of a sexual nature, violating the Sex Discrimination Act.
- Impact on Ms. Taylor: The harassment led to significant emotional distress and adversely affected Ms. Taylor’s professional environment.
- Damages Awarded: The court awarded Ms. Taylor $140,000 in general damages, setting a precedent for compensation in sexual harassment cases.
Implications for Employers:
This case underscores the critical importance of:
- Implementing Comprehensive Policies: Develop and enforce clear anti-harassment policies that define unacceptable behaviour and outline reporting procedures.
- Conducting Regular Training: Provide ongoing education to all employees about workplace conduct standards and the consequences of violations.
- Establishing Transparent Complaint Mechanisms: Ensure that employees feel safe reporting misconduct and that complaints are handled promptly and fairly.
- Demonstrating Leadership Accountability: Leaders must model appropriate behaviour and take immediate action when issues arise to maintain a respectful workplace culture.
By proactively addressing these areas, employers can foster a safe and inclusive work environment, mitigating the risk of legal action and promoting employee well-being.
The Role of Business 360:
At Business 360, we assist organisations to:
- Assess and Update Policies: We help ensure your policies meet legal standards and are effectively communicated to all staff.
- Deliver Comprehensive Training: Our training programs are designed to engage employees, deepen their understanding, and encourage a respectful workplace culture.
- Establish Fair Procedures: We provide guidance on setting up transparent processes for handling complaints, ensuring procedural fairness, and minimising legal risks.
If you need help understanding your HR and WHS responsibilities or reviewing your workplace policies, contact Business 360 at 1300 287 360 or email info@business360.au.
To book a confidential discussion, scan or click below.
Click or Scan