40% of leaders not aware of new legal obligations to prevent workplace sexual harassment
A new survey published by Our Watch, an organisation dedicated to preventing violence against women, is alarming. It has revealed that 40% of workplace leaders are not aware of their new legal obligations to prevent workplace sexual harassment, and only 76% of leaders know that workplace sexual harassment is illegal.
The Positive Duty introduced in December 2022 has shifted the legal onus on employers to prevent workplace sexual harassment, although it has been illegal for 40 years. The survey highlights the need to improve awareness amongst employers about their duty to prevent sexual harassment so that they may implement appropriate measures.
The Australia Human Rights Commission reports that over 40% of women and 26% of men have experienced workplace sexual harassment in the past 5 years, costing the Australian economy over $3.8 billion a year.
The survey highlights the need to develop appropriate workplace responses to sexual harassment, with only 54% of women confident of an appropriate response, and only 48% confident they would feel safe to report an incident where a colleague was sexually harassed at their workplace. Only 39% of employees who were aware of the positive duty, pointing to the need for employers to communicate these changes.
FWC records the highest rate of lodgement ever
According to the Fair Work Commission’s (FWC) annual report, the 2023-24 financial year was one of the busiest years on record. It received the highest rate of lodgements ever – representing a 27% increase on the previous year.
Of last year’s claims, 37% were related to unfair dismissal, and 2.5% represented bullying and sexual harassment claims. Of the approximately 40,000 claims lodged, 987 were about workplace bullying and sexual harassment, for an average of 19 claims per week in the last financial year. This represents a 2% increase in unfair dismissal claims and a 0.2% increase in bullying and sexual harassment claims since the previous year.
Allegations of bullying, censorship and maladministration at the office of NSW Chief Prosecutor
SafeWork NSW is allegedly investigating allegations of bullying, censorship and maladministration at the office of NSW Chief Prosecutor Sally Dowling SC.
A public interest disclosure made by a long-term solicitor of the office makes allegations of serious maladministration from senior staff and describes it as an organisation that leads through fear. The disclosure claims that staff experience long term mental pressure leading to suicidality in some cases. Ms Dowling has been described as ‘cold and dismissive’ in relation to discussing staff mental health, bullying allegations and others concerns raised by employees.
The ex-employee who made the public interest disclosure says that bullying by managing lawyers and crown prosecutors had been a problem since they started at the DPP in 2008. The ex-employee also criticised the organisation for failing to implement a vicarious trauma policy, considering the confronting material solicitors and crown prosecutors are exposed to frequently during their employment.
Senior female police officer sacked over sexual harassment allegations
A female Tasmanian Police Inspector has been sacked following an investigation into allegations of sexual misconduct against other female employees, which allegedly occurred at a work social function last December. No details of the actual behaviour are known.
The officer was dismissed under s 30(1) of the Police Service Act 2003 (Tas), which provides that an officer can be terminated if the Commissioner does not have confidence in their suitability to continue as a police officer. It is understood that the matter was reviewed by the DPP, who recommended that no charges be laid.
The Tasmanian Police have made several changes to the way reports relating to officers are dealt with in recent years, with recommendations that all sexual allegations are investigated by the State’s Integrity Commission. The matter highlights the serious consequences of engaging in workplace sexual misconduct, regardless of the gender of the perpetrator and whether it occurs during work hours or at work related social events.
Almost half of all school teachers have been sexually harassed
A new report has revealed that almost half of all Australian school teachers have been sexually harassed within a school environment. Of these teachers, 80% had been harassed by a student, recounting being propositioned, threatened with rape, subjected to sexist slurs and sexualised in the classroom. 59% of the teachers reported feeling unsafe in the classroom or school grounds following an incident of sexual harassment.
Many teachers reported feeling ignored and dismissed when bringing attention to such incidents. Sexualised behaviour was reportedly minimised by school administrators, which in some cases led to escalations of physical violence. Some respondents highlighted the fact that female educators are often undermined and disrespected by male staff, leading male students to think it is okay to behave similarly.
The report detailed a number of recommendations for employer schools, including the implementation of effective policies, comprehensive education and training on the issue, seeking out specialised advice on addressing sexual harassment and ensuring provision of trauma informed therapeutic responses for teachers subject to sexual harassment.
This alarming report demonstrates a strong need for educational authorities to provide teachers and schools with clear steps to follow to prevent and deal with sexual harassment.
Australians among the 421 people allegedly sexually assaulted by former Harrods boss
Six Australian women have added their voices to the hundreds who have made allegations of sexual assault against late billionaire Mohamed Al Fayed.
It is understood that the Australian women either worked at Harrods, the luxury department store in London, or a supplier to the store when the assaults occurred between 1985 and 2010. All women were in their twenties at the time, and many ‘fled’ back to Australia after the alleged assaults.
The businessman, who died last year, is accused of multiple counts of rape and sexual assault by women who worked for him. The legal team representing the accusers say that victims have come forward from numerous nations, describing the abuse as ‘industrial scale’ and ‘perpetrated by a system that enabled the abuse to happen’.
Harrods has a compensation scheme for ex-employees who were attacked by Al Fayed, but a new case has been brought against the store with the first statement of claim sent to Harrods on Wednesday.
Merivale hires top lawyer to investigate exploitation of female staff
Hospitality group Merivale has been accused of exploiting female staff at their exclusive Level 6 Club at the Ivy Complex in Sydney.
It is alleged that the club perpetuated a toxic environment that exploited female staff, encouraged them to have sex with customers, perpetuated sexual harassment and facilitated frequent drug use. Although the Merivale denies these allegations, the group has appointed Kate Eastman SC to investigate the allegations and encouraged people with more information to contact her.
Insecure work increases migrant risk of sexual harassment, assault and trafficking
Associate Professor Anna Boucher of UNSW has examined the often-overlooked issue of workplace sexual harassment in migrant worker cases, concluding that ‘workplace precarity’ increases the risk of this occurrence.
Workplace precarity involves a range of aspects, including lack of workplace protections, job insecurity and social or economic instability at work. Visa status, a lack of knowledge of local laws and language barriers all make migrants more vulnerable to workplace precarity.
The research, drawn from over 900 court cases brought by migrants, highlighted several examples of employers taking advantage of these vulnerabilities to demand sexual favours from employees. In one case, a farmer was found guilting of raping a young British backpacker by threatening refusal to sign off on her work if she did not comply. Such ‘sign-off’ is required for foreign workers to extend their visas for additional time.
Research by the NSW Anti-Slavery Commissioners Office with migrant workers on NSW farms also suggests that sexual violence may be unreported due to a perceived risk of retaliation. Professor Boucher recommends that workplaces implement practical safeguards to protect migrant women in isolated workplaces, including female only dorms, support person rules for meetings with male employers, and general advice on consent laws for employers and employees. It was also suggested that policymakers should consider whether sexual offences that are accompanied by a visa threat should suffer additional penalties under criminal or immigration law.
