WA passes new ban on workplace sexual harassment 

The Industrial Relations Legislation Amendment Bill 2024 was passed by WA Parliament on November 6, enshrining the prohibition on sexual harassment in WA employment laws.

The amendments aim to modernise the WA state industrial relations system, bringing laws into uniformity with the federal Fair Work Act. Under the new reforms, public and private sector workers who are bullied or sexually harassed at work can make application to the WA Industrial Relations Commission (WAIRC) for an order to stop bullying or sexual harassment.

The WAIRC must begin dealing with a stop bullying or sexual harassment application within 14 days after the application is made and may take whatever action is appropriate, including ordering compensation.

The Industrial Magistrates Court can impose a penalty of up to $13,000 in the case of an individual or $65,000 for a corporation if a stop order is contravened. A union may also make application for a stop order in relation to a member. The majority of these changes are to commence January 31, 2025.

Toxic workplaces need explicit commitment from leaders to change

Trends of toxicity circulating through some of Australia’s largest organisations should be a major wakeup call for HR teams. Recent reviews at both 9News and ABC characterised workplace cultural issues as ‘systemic’, indicating that organisations are not doing enough to combat workplace discrimination, bullying and sexual harassment.

Karl Treacher, CEO of The Culture Institute Australia believes that a toxic culture arises when organisational leaders fail to consider the seriousness of the consequences that arise when such a culture is allowed to prevail within the company. According to Treacher, a toxic work environment results in 40% less engagement, resulting in decreased productivity and performance.  He recommended that known perpetrators be fired for misconduct and their behaviour be widely publicised across the company as an example of what’s not acceptable. Organisations can also conduct annual culture reviews to review compliance with psychosocial hazard responsibilities.

Crucially, HR cannot drive cultural change without explicit leadership commitment, investment and modelling of desired behaviours. Leaders must be willing to make difficult decisions about toxic employees, regardless of their seniority or commercial value. Organisations need independent cultural health assessments that specifically examine psychosocial safety indicators.

Leaders are advised to have specific training and certification in cultural leadership, including practical skills in identifying, addressing and preventing toxic behaviours. Ultimately, HR can be shackled by leadership when it comes to perpetuating a toxic environment – it is key that they are empowered to implement processes and frameworks that address bad behaviour.

Over 300 workplace behaviour complaints lodged in Parliament within nine months 

The inaugural report from the Parliamentary Workplace Support Service (PWSS) has shown that 339 cases were dealt with between October 2023 to June 2024.

The PWSS was established in September 2021 to provide human resource services for parliamentarians and their staff, following the Brittany Higgins case and the cultural review of Parliament House that followed.

Of the incidents reported in its first 9 months of operation, there were 33 cases of bullying, 90 cases of workplace conflict and 30 serious reports of sexual assault, intimidation or stalking. Political staffers lodged 50% of complaints, a further 12% from parliamentary department staff, and 17% from MPs or senators.

The report’s results have been described as concerning but not surprising, given the recent allegations that have been made against the workplace. Although the establishment of the PWSS is positive step, Parliament seems to have a long way to go in improving its workplace culture.

7 steps to manage psychosocial risks from workplace trauma 

Safe Work Australia’s Managing Psychosocial Hazards at Work Code of Practice now recognises trauma as a psychosocial hazard, highlighting employers’ responsibility to manage this risk.

Traumatic events in the workplace can have significant psychological effects on workers, leading to conditions such as PTSD, anxiety or depression. These conditions can become a basis for worker’ compensation claims, resulting in increased costs for employers and reduced productivity. Employers are advised to take 7 steps to address the risks:

1. Identify trauma related risks.
2. Implement processes to minimise exposure.
3. Set up response and support systems.
4. Train managers and supervisors to recognise trauma related symptoms.
5. Offer resilience and mental health training.
6. Establish a clear process for managing mental health related concerns.
7. Regularly review and update trauma management policies.

By actively managing the risk of exposure to traumatic events, employers can better fulfil their obligations under the Work Health and Safety Act. These steps are particularly relevant for workers in emergency services, law enforcement social support who frequently encounter trauma in the workplace.

Harsh reality behind ‘Baby Reindeer’ workplace stalking

Popular Netflix show Baby Reindeer follows the experience of Donny, a struggling comedian who becomes the target of an obsessive stalker, Martha, after offering her a free drink at the bar where he works. Paul O’Halloran, an employment partner at Dentons, believes the show reflects a reality that is increasingly common across Australian workplaces.

The Australian Bureau of Statistics Personal Security Survey found:

• One in seven, or 2.7 million Australian Adults have experienced stalking since the age of 15.
• 9% of the stalking perpetrated against women arose from work and professional relationships.
• 6% of those who reported stalking experienced loitering around a place of work.

In the recent case of Medical Board of Australia v Khoo (Review and Regulation) [2021] VCAT 67 (27 January 2021), a doctor became infatuated with a colleague and spent months stalking and harassing her. He discovered her address by photographing a package sent to her at work, made a copy of her house keys and eventually broke into her apartment when she wasn’t at home. The Doctor was eventually charged with stalking under s 21A of the Victorian Crimes Act and paid a $2,500 fine. His employer placed him on leave with pay.

Victims who are in these positions may apply to the FWC for a stop sexual harassment order under the Fair Work Act. The Commission may grant such an order if they are satisfied that a person has been sexually harassed and there is a risk that they will continue to be harassed in connection with their workplace. The order can be made against co-workers as well as customers or clients. Victims can also apply for personal safety intervention orders, made by magistrates, to protect them from physical or mental harm from non-family members.

Ultimately, employers must ensure their workers are safe from these situations and should seek legal advice to ensure workplace and criminal laws are considered, and that employee safety is protected.

NSW women in construction survey reveals more work to be done

The survey has revealed that although the number of women entering the industry is increasing (women now make up 20% of the workforce), gender-based discrimination is still rife. Some of the results include:

• 69% of women reported some form of gender-based discrimination in the past year.
• 33% experienced workplace sexual harassment, with 11% stating that it occurs at least once a week.
• 71% of women working in organisations that have sexual harassment training in place still reported experiencing discrimination or sexual harassment in the past 12 months.

This survey highlights the fact that whilst policies and programs are important, they are not sufficient on their own to prevent such behaviour. The report suggested that underlying cultural and behavioural norms in construction must be changed for progress to occur.

More sexual assault allegations against Swillhouse

Three more former Swillhouse staff members have come forward with claims of sexual assault following months of allegations of made against the Sydney hospitality group.

The workplace environment has been described as “full of powerful people, drugs and vulnerable women”. Reuby Kahl, one of 6 staff who have come forward, claimed they were groped by a fellow employee and subsequently told off by CEO Anton Forte upon raising the issue.

One victim said that although the company helped her report an incident of sexual assault to the NSW police, they later cut down her hours. Another claimed that she was assaulted at home by a co-worker and later forced to continue working with the perpetrator despite reporting the incident to management.

Safe Work NSW is currently investigation Swillhouse and the wider hospitality industry for misconduct.

Ageism – A silent discriminator in workplaces

A survey from EveryAGE has found that ageism is rife in the Australian workplace, with experts saying that older workers are having their expertise squandered and many are unfamiliar with their rights when discriminated against.

Age as a diversity measure is largely absent from most organisational Diversity, Equity and Inclusion strategies. This means there is no visibility of how ageist attitudes and practices may be impacting older workers.

Last year, an ex-employee of an Australian shipping company successfully brought proceedings against the company for breaches of the Age Discrimination Act 2004 (Cth). The 68-year-old employee was told that the company had a retirement age of 65 and subsequently had his contract terminated and a new one offered to train his replacement. Since Australia does not have a mandatory retirement age, making him retire based on age was unlawful and discriminatory.

The decision serves as a reminder to employers that employment may only be terminated for lawful reasons and that the courts are increasingly willing to recognise the significant harm caused by discrimination. Workers are advised to document incidents, seek support and use formal complaint mechanisms under the Australian Human Rights Commission.