As 2024 draws to a close, I take this opportunity to share my reflections on the year that was. A year marked by significant legislative changes, challenges, and progress in workplace behaviour and compliance.
For leaders, employers, and employees alike, it has been a year of introspection, accountability, and, most importantly, a shift from reactivity to proactivity.
Pivoting from Reactivity to Proactivity
The implementation of the Positive Duty guidelines under the Respect@Work Act has fundamentally changed the landscape of workplace behaviour compliance.
Organisations can no longer afford to wait for unlawful behaviour to occur and respond after the damage is done. Instead, the focus has turned to proactive, preventative measures to foster safer, more respectful workplaces before issues arise.
In addition, the WHS Act and Codes of Practices clearly state that psychosocial hazards are on their radar now – including unlawful behaviours like bullying, sexual harassment and discrimination. In Victoria, WorkSafe has stepped decisively into the psychosocial hazards prosecution space. Western Australia is not far behind, with WA WorkSafe making its first prosecution related to psychosocial hazards this year.
This is a wake-up call for us all: prioritising psychosocial safety is not just ethical – it’s mandatory.
Spotlight on Leadership Accountability
For leaders and employers, 2024 has been a year of learning – and in some cases, unlearning. The activation of the Work Health and Safety Act 2020 in WA, particularly its due diligence provisions, has placed personal liability on directors and senior leaders. Boards and executive teams are now more accountable than ever, with an obligation to actively demonstrate compliance and ensure safer workplaces. Read my blog about secondary and vicarious liability.
At EEO Specialists, we have observed a notable increase in leaders reaching out to gain a deeper understanding of their responsibilities under both the WHS Act and the Respect@Work legislation.
This increased accountability is not about fear – it’s about responsibility. Leaders who embrace this shift and take action are creating workplaces where respect and safety are the norm, not the exception. The impact on workplace culture, employee trust, organisational reputation, and productivity cannot be overstated.
Shining a Light on Behavioural Failures
Media coverage this year has played an important role in holding organisations accountable and amplifying the voices of those affected by workplace misconduct. We have come across numerous news reports related to workplace sexual harassment and bullying.
The media has been courageous enough to report not just on prominent organisations, but on themselves as well. From Channel Seven staff speaking out about toxic workplace culture to Nine Network’s reported incidents of bullying and sexual harassment, and allegations of racism within the ABC.
These examples underscore the broader implications for workplace culture: systemic issues cannot remain hidden, accountability is being demanded, and organisations must prioritise proactive measures to build safer, more respectful environments.
While uncomfortable, this public reckoning is essential. It highlights the fact that no organisation – regardless of size or industry – is immune to scrutiny and that systemic change must happen at all levels.
The Rising Tide of Class Actions
I’ve noticed another important development this year – the emergence of class actions related to unlawful workplace behaviours. The class action lawsuits against Rio Tinto and BHP have signalled a new era of collective accountability.
The shift from individual complaints to collective action is setting a precedent – especially in industries with historically higher rates of misconduct. This trend could soon extend to other sectors facing similar systemic issues. The broader impact on workplace compliance is significant: organisations must now recognise that addressing isolated incidents is no longer sufficient. It is vital to identify and address cultural and systemic problems at all levels.
I believe this shift from individual complainants to group action, raises the question: Is this the beginning of a broader movement to drive real change?
Time will tell, but the implications are clear: organisations can no longer dismiss systemic issues as “one-offs.” The call for collective justice is growing louder.
Lessons from Unfair Dismissal Cases
2024 has also delivered critical lessons around workplace investigations and the importance of procedural fairness.
I’ve read many cases in which employees were successful in unfair dismissal claims, despite employers having valid reasons for termination. This clearly demonstrates the importance of updated policies that are communicated clearly, effective training for all staff, and procedural fairness. Investigations must follow natural justice before implementing disciplinary actions.
In a recent case, a truck driver was dismissed for repeated inappropriate sexual comments made to a co-worker. The Fair Work Commission ruled that the dismissal was unfair even though it believed there were valid reasons for termination, because the employer had not educated their staff about workplace behaviours.
These cases are reminders that workplace behaviour compliance is not just about reacting to incidents. It’s about ensuring that policies are clear and communicated regularly, staff are trained, and investigations are conducted with fairness and rigour.
Lessons for 2025
As we step into a new year, it would be in our own interests to learn from the eventful experiences of 2024. Here are my recommendations:
- Proactivity is paramount. Compliance is not about ticking boxes; it’s about actively creating safe, respectful, and inclusive workplaces.
- Leadership matters. Boards and senior leaders must step up, take accountability, and lead by example.
- Enhanced accountability: Media scrutiny and legal action will continue to shine a light on organisations that fail to address workplace behaviours proactively.
- Fairness and education: Investing in proper training and fair processes isn’t just good practice – it’s essential to avoid the legal, financial and reputational fallout.
At EEO Specialists, we remain committed to supporting organisations to navigate this evolving landscape. From providing tailored training programs on workplace behaviour to guiding boards and senior leaders through their obligations under the WHS Act and Respect@Work legislation, we equip organisations with practical tools to foster safer, more respectful environments. Feel free to call me on 0405 134 187 or email franca@equalopportunitytraining.com.au for a confidential chat about workplace behaviour and compliance.
This year has shown us that while the path to cultural change isn’t always easy, it is now essential. The workplaces that thrive in 2025 and beyond will be those that embrace these changes, prioritise their people, and take action before issues escalate.
Here’s to a safer, more respectful, and more accountable future for all workplaces.
————————————————————————————————————————————————————————————————————————-
The author, Franca Sala Tenna, is a lawyer and acknowledged workplace behaviour and compliance expert. She is also the Founder & Director of EEO Specialists, and Online Compliance Training.