Stronger laws to protect workers from discrimination and harassment

The government has introduced landmark legislation ensuring that Queensland workers will be safer than ever at work. Building on the historic Respect@Work Report and Queensland’s Plan for the Primary Prevention of Violence Against Women, the Respect at Work and Other Matters Bill will protect all workers – especially women in Queensland – from harm and harassment in the workplace. 

National evidence shows female workers are more likely to be subjected to sexual harassment in the workplace: 

• 89% experiencing sexual harassment at some point in their lifetime
• 77% of all workers have been sexually harassed in their lifetime

 In the Respect@Work: National Inquiry Report, Australia’s Sex Discrimination Commissioner Kate Jenkins  said sexual harassment was a societal issue that impacted productivity.  The Jenkins report also made clear that harassment in the workplace is not inevitable and is preventable. 

The Bill will include: 

• new prohibitions of harassment based on sex
• a prohibition on subjecting another person to a work environment that is hostile on the grounds of sex; and
• a positive duty on all employers to take reasonable and proportionate measures to eliminate discrimination, sexual harassment and other unlawful conduct under the Anti-Discrimination Act 1991.

 Workers will also be protected from violent interactions with customers, thanks to strong amendments to the Penalties and Sentences Act.  If passed, a person being sentenced for an assault committed against a person in the workplace will be subject to an aggravated sentencing factor. The Bill also incorporates the first stage of reforms coming out of the Building Belonging Report and Inquiry into Serious Vilification and Hate Crimes Committee Report. Importantly this includes updating and expanding the list of protected attributes for both criminal and civil vilification to include sex, age, and impairment in addition to the existing attributes of race, religion, sexuality (renamed sexual orientation), gender identity and sex characteristics. 

These proposed updates to Queensland’s Anti-Discrimination Act will reflect Queensland’s views that discrimination is unacceptable and has no place in 2024. The Bill will also ensure that discrimination can no longer occur based on attributes such as someone’s physical appearance, irrelevant medical record, irrelevant criminal record, homelessness or that they have been subject to domestic or family violence. Amendments reflecting the key vilification reports will expand the range of protections to include matters such as age, disability and medical status and will help protect particularly vulnerable members of the community.

The regular parliamentary consultation process will now begin. These are complex issues and many in the community have differing opinions. 

ABC news staff survey reveals 1 in 4 respondents experienced bullying, 1 in 10 were sexually harassed over past 2 years 

A survey of ABC News staff has found that 13% of respondents experienced sexual harassment at work and more than a quarter have been bullied over the past two years, in what has been described as a “pervasive” issue in the workplace.

Female-identifying employees were twice as likely to be bullied than their colleagues, and made up the vast majority of people who had experienced sexual harassment.  

The survey was conducted independently by the Australian National University’s Social Research Centre on behalf of the ABC, following requests from female-identified employees. The report found that bullying and bullying behaviours “are pervasive in the News Division of the ABC”. A quarter of the 745 staff who responded to the survey – about 29% of the ABC News workforce – reported they had been bullied in the past two years, and more than half said they had been “subjected to bullying behaviours”.  

The report found there was a reluctance among staff to take formal action after experiencing or witnessing sexual harassment or bullying, largely because they did not believe there would be a good outcome. More than a quarter of respondents said they believed there would be negative consequences for their career if they made a formal report.

The report found staff had “reasonable” levels of confidence that the ABC could action meaningful change to increase diversity and inclusion and prevent sexual harassment in the workplace. However, staff were less confident the national broadcaster could ensure equal opportunity and prevent bullying, with about a quarter of respondents saying they were “not at all confident” the ABC could enact change. Female-identifying employees were the least confident that bullying could be stamped out. 

ABC managing director David Anderson said the harassment and bullying outlined in the report was “unacceptable in any workplace”, and said he recognised there would need to be “difficult and confronting conversations” within the organisation. 

Country Road faces staff exodus over new investigations, as boss stays put 

Country Road Group faces the threat of a staff exodus after the fashion retailer’s boss, Raju Vuppalapati, kept his job following an investigation into the handling of complaints of sexual harassment.

The retailer’s South African parent, Woolworths Holdings, in March commissioned an external investigation after staff members alleged that complaints of sexual harassment and bullying relating to a former executive, Rachid Maliki, were not handled properly. 

In response to the findings, the company said it would implement “a number of actions to strengthen and enhance its complaints-handling process going forward”. The external investigation, by law firm Seyfarth Shaw, has resulted in disciplinary action against some employees, but the company declined to comment further.

Vuppalapati has retained his position as chief executive, but that decision may spark a wave of resignations as staff are angry over his role in handling complaints about Maliki, the former chief supply chain officer. Vuppalapati brought Maliki into the business in August 2022. The complaints alleged Maliki sexually harassed, bullied and intimidated female and male employees.

Some Country Road staff in departments where Maliki worked knew of his allegedly inappropriate behaviour, a source said, but the broader company was unaware until the all-staff meeting in March. Amid staff anger about complaints not being dealt with properly, an employee survey was taken in December, where some sexual harassment and bullying allegations were detailed.

Country Road’s Melbourne flagship store in South Yarra had its windows covered by posters last week as protesters called on the company to “stop the cover-ups” of alleged sexual harassment.

Unions to campaign against ‘discriminatory’ junior wages 

A nationwide meeting of union groups has endorsed a campaign to scrap junior wages, which legally allow younger workers to be paid less than their adult co-workers, even if they perform the same duties.

Congress, which is the Australian Council of Trade Unions’ highest decision-making forum, has agreed to a range of measures it says will provide justice for young workers, including campaigning to end wage discrimination, and pushing for superannuation to be paid to all workers under the age of 18. Currently, employers only need to pay superannuation to workers under the age of 18 if they work more than 30 hours a week. Junior wages apply in dozens of awards in Australia, including hospitality and retail, which employ large numbers of young people. 

Under the current Fast Food Industry Award, a 15-year-old worker is entitled to 40% of the applicable rate for a person aged over 21. That increases by 10% every year until an employee turns 21, regardless of their experience or responsibilities. Under the Retail Award, a 15-year-old gets 45% of adult wage, and in the Restaurant Award, anyone under 17 gets paid half the adult wage. 

The full suite of measures includes scrapping junior wages altogether, lifting apprentice wages, ending unpaid university placements and extending superannuation to all employees under the age of 18. Not all industries and sectors use junior wages, but they are set out in several awards that cover younger workers, including hospitality, retail and fast food. They can also apply to some apprenticeships and can impact workers even after they turn 21.

Some other countries, like New Zealand, Canada and South Korea, have already moved to abolish or limit the use of junior wages. 

Sex Discrimination Commissioner deeply concerned by sexual harassment allegations at two big companies 

The Sex Discrimination Commissioner says she is deeply concerned by reported allegations of sexual harassment at the Nine network and retailer, Country Road. Dr Anna Cody says the positive duty obligation should help drive cultural change at workplaces by shifting the focus to preventing harassment. 

She said that 1 out of 3 workers have suffered sexual harassment in the workplace. And that this is a real problem. Also, it is important to take measures to eradicate sexual harassment, sex-based harassment and other types of sex discrimination. 

She explained the Australian Human Rights Commission Positive Duty Guidelines exist to guide the requirements of an employer and, also so it can be used to trigger an investigation.  Any employer can work together with the government in a collaborative approach to apply the 7 standards to comply with the positive duties. The government´s approach is not initially penalties based, but the employer has to meet regulatory standards. 

How judicial bullying can impact the mental health of lawyers 

A recent report from the University of Newcastle revealed the impact judicial bullying has on lawyers’ mental health and careers.

Judicial bullying refers to conduct by judges and magistrates that is unreasonable and includes behaviour that belittles, humiliates, insults, victimises, is aggressive or is intimidating, according to the Judicial Commission of Victoria.

“Unlike bullying in other workplaces, their definition required only one instance, it didn’t have to be repeated,” Ray Nickson, senior lecturer in criminology at the University of Newcastle’s School of Law and Justice told HRD Australia. “Which recognises the nature of interactions that lawyers might have with the bench because you might only appear once in front of the judicial officer.”   

The research highlighted how judicial bullying could contribute to issues such as anxiety and depression and could cause lawyers to leave the profession. Victoria and Western Australia have taken steps to improve the systems by which lawyers can report judicial bullying, Nickson said. He mentioned how Western Australia was piloting anonymous complaints for that type of conduct, while Victoria has formal guidelines to reduce judicial bullying. And while there are mechanisms to make formal complaints about judicial officers in states and territories throughout Australia, Nickson said it would be “quite a big step” for many lawyers to take 

Nickson believes adopting Victoria’s approach – with formal policies about judicial bullying – or something similar would be beneficial for lawyers.