Sexual Harassment at Work – A Case Study

In August 2023, a former employee of Highland Pine Products Pty Ltd who worked as an electrician, lodged an unfair dismissal claim with the Fair Work Commission following the termination of his employment for serious misconduct on the grounds of sexual harassment and failing to communicate respectfully and appropriately with work colleagues.
 
Some of the allegations included making sexual jokes and comments, showing female employees inappropriate photos of a sexual nature, telling other employees about his sex life, regularly swearing and yelling in the workplace, and acting in an intimidating behaviour. The employee conceded that some of the incidents did happen but also argued that the comments he made were reciprocated and were considered as conventional conversations in the workplace. 
 
While the Commission upheld the dismissal, it did hold the employer accountable for not doing enough to prevent sexual harassment in the workplace. The Commission said that although the employer had a policy which required employees to report misconduct, the workplace culture did not encourage employees to report inappropriate behaviour and therefore the employer would need to do more than just have a policy to meet its legal obligations under the relevant legislation.
 
HRAnywhere can assist you in taking proactive steps to meet the positive duty to take reasonable and proportionate measures to prevent sexual harassment, sex-discrimination, and victimisation in the workplace, as required by current legislation. Let us work with you to deliver compliant policies and practical and effective workplace training.