When email communication crosses a line
The Fair Work Commission (FWC) recently dealt with a case where a mine site worker claimed he was unfairly dismissed after sending emails to staff members. The worker sent emails to the company’s head chef that were described as ‘belittling and insulting’. The head chef then filed a complaint not only about the email, but about the worker’s general conduct toward him and his wife.
The general manager intervened immediately, admonishing the worker for the insulting email. When directed to apologise, the worker instead sent another email to the head chef telling him to ‘grow some balls’. The general manager then outlined formal allegations of bullying and harassment against the worker under the Fair Work Act 2009 (Cth) and the employer terminated the worker’s employment.
The FWC determined that the dismissal was valid, noting that the worker’s emails were plainly offensive, and that copying in other people had made the emails more humiliating. The worker failed to respond to the allegations, and his lack of remorse supported the finding that the dismissal was neither harsh, unjust or unreasonable.
The Commission concluded that the worker’s conduct was serious and a valid reason for dismissal. He had been notified of the reason and given opportunities to respond but failed to do so.
New bill proposes employers to achieve gender equality targets
A new bill to federal parliament has been introduced, which if passed, will oblige employers with 500 or more employees to set, act upon and achieve defined gender equality targets.
The Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024 seeks to amend the Workplace Gender Equality Act 2012 to require employers to commit, achieve and report to WGEA (Workplace Gender Equality Agency) on gender equality targets. Failing to achieve the targets may impact an employer’s ability to obtain government work and result in a public statement from the WGEA.
Under the current framework, employers are required to publicly report on their gender equality indicators, but they do not need to set targets. If passed in its current form, the Bill will immediately impact large employers with over 500 employees.
Employers should closely monitor the progress of the Bill to prepare for these changes. Similarly, medium-sized employers with expansion plans should monitor the size of their workforce to ensure they understand when and if the new rules will apply to them.
Public servant found guilty of sexually assaulting colleague after Christmas party
A jury in the ACT has convicted a 30-year-old Canberra public servant of sexually assaulting a colleague after a work Christmas party. The man was charged with committing an act of indecency and rape.
The evidence included CCTV footage of him touching the victim’s breasts in a bar after the party. The second charge of rape related to an incident as the woman drove him home, in which he had leaned over and put his hands under her dress as she was driving.
The man has been released on bail ahead of sentencing next year. It is unclear what consequences the man faced in an employment context, but the verdict serves as a timely reminder for employers to take proactive steps to avoid incidents during the Christmas season.
Australia’s first national anti-racism framework
A new national anti-racism framework has been launched to provide a guide for governments, businesses and community organisations to address all forms of racism in Australia.
An Australian Human Rights Commission report from July found governments and their departments at all levels across the country are failing to adequately identify and address racism. It has been reported that racially marginalised legal professionals, particularly those of Asian descent, face significant barriers, from discriminatory hiring practices to limited advancement opportunities and unequal treatment within legal practices.
Race Discrimination Commissioner Giridharan Sivaraman has said that workplaces must do more than just implement policies, they must create environments where racial discrimination is actively addressed, victims receive support and diversity is genuinely embraced beyond surface-level gestures. Workplaces must confront the root causes of racism, not just its symptoms. This includes implementing meaningful diversity in leadership, ensuring policies are not only written but also enforced, and creating resources and avenues for employees to report discrimination without fear of repercussions.
ACT government ordered to pay $265,000 in damages
The ACT government has been ordered to pay a former public servant $265,000 in damages after a tribunal found that it discriminated against the woman over her criminal history.
The ACT Civil and Administrative Tribunal found that the Community Services Directorate had discriminated against its then-employee in 2023. The woman was excluded from accessing the pay system, removed from active work and placed on gardening leave by her current manager upon their discovery of her criminal history. The manager had failed to check known records nor provide any notice to the employee, despite the ACT government already being aware of the employee’s history.
This decision serves as a reminder for employers to take careful steps before taking any action against an employee in relation to their past criminal history, as it may constitute discriminatory conduct.
South Australian barrister exposed for sexual harassment
Enzo Belperio, a disgraced barrister accused of sexual harassment and gross indecency, has lost his fight to keep his identity a secret.
In a decision handed down two weeks ago, the court found that it would be contrary to public interest and open justice to allow Belperio to keep his anonymity. His identity had been kept secret since the Legal Profession Conduct Commissioner laid professional misconduct charges against the barrister in 2022. The charges relate to alleged misconduct toward a junior solicitor occurring in connection with Belperio’s practice and in a public bar.
This decision highlights the serious professional and reputational consequences of engaging in such reprehensible behaviour.
ADF targets sexual offences in the military
Following the findings of the Royal Commission into Defence and Veteran Suicide, the federal government has unveiled its formal response. Military personal found guilty of sexual offences will now face mandatory expulsions.
This is consistent with the Royal Commission recommendation that the Australia Defence Force (ADF) adopt a policy of mandatory discharge for ADF members convicted of sexual offences. A new directive will also be issued by the Chief of Defence providing for a presumption that anyone in the ADF who is found to have engaged in certain forms of sexual misconduct will be discharged. The directive will apply to specified forms of sexual misconduct including sexual harassment, intimate image abuse and stalking.
A new formal inquiry will also be established into military sexual violence in the ADF, with further details to be confirmed.
77% of young LGBTQ Australians sexually harassed at work
A national study which surveyed 1,000 LGBTQ people aged between 14-30 found that 77% of them had experienced workplace sexual harassment. This was largely connected to their sexual orientation and interconnected with experiences of homophobia, biphobia and transphobia.
Many LBGTQ young people were targeted for their gender or sexual diversity, with common forms of harassment including sexually suggestive or explicit comments and intrusive questions about identities, bodies, and sex lives. Alarmingly, the report found:
- 30% of young people who experienced workplace sexual harassment reported comments about ‘correcting’ their LGBTQ identity through sexual assault.
- 75% of LGBTQ young people chose not to report their experiences as they felt unsafe to do so. For those who did report their experience, the responses were inadequate in many cases, causing further harm.
Respondents’ experiences most commonly took place in accommodation and food services, followed by retail and admin roles. The chief investigator of the study says that LBGTQ young people with more than one marginalised identity are more vulnerable to workplace sexual harassment, particularly those with a disability. She says that 83% of young people with a disability reported experiencing workplace sexual harassment, a much higher rate than those without a disability.
The study has made several recommendations for business owners and workplace managers specifically. Some of these include:
- Ensuring workplace safety and inclusion of young LGBTQ employees through the review and evaluation of sexual harassment policies.
- Reporting procedures and training.
- A focus on addressing LBGTQ employees’ experiences and needs.
Barriers contributing to the underrepresentation of women in cybersecurity
A 2023 study from RMIT and the Australian Women Security Network found that women make up only 17% of the country’s cybersecurity sector and tend to leave the industry after 4 years.
A follow up report carried out this year found that gendered workplace segregation is among the key reasons for this underrepresentation. According to the report, women in the industry reported commonly experiencing microaggressions, professional disrespect, bullying harassment and discrimination in the workplace. The report advised employers to:
- Review and ensure organisational policies are gender neutral and target improving workplace culture and organisational practices.
- Review recruitment practices to reduce unconscious bias and create a fairer hiring environment.
- Provide greater flexible work arrangements.
- Implement formal mentoring programs specifically for women.
- Encourage women to pursue professional development opportunities.
Racism and sexual harassment rife for medical trainees
The latest Medical Training Survey has found that Aboriginal and Torres Strait Islander medical trainees report experiencing and/or witnessing racism at more than double the rate of their colleagues.
The survey also revealed that more than 1,000 trainees (5%) reported experiencing and/or witnessing sexual harassment. One third of trainees reported having experienced and/or witnessed bullying, discrimination, harassment, sexual harassment and/or racism, spiking to 54% of Aboriginal and Torres Strait Islander Trainees.
Poor mental health in WA’s construction industry
A new study has revealed that suicidal thoughts and behaviours among WA construction workers are around three times higher than those typically seen in the Australian adult population, with depression and anxiety symptoms occurring at twice the national rate among these workers.
Workplace bullying was a major risk factor among construction workers suffering from poor mental health. The study found that strong interpersonal relationships with supportive colleague was a protective factor against and that workers with positive support systems were less likely to report suicidal thoughts. The report recommended:
- Establishing industry wide mental health policies.
- Integrating mental health into workplace safety policies.
- Developing anti-discrimination policies for mental health issues.
- Promoting positive interpersonal relationships in organisations.
- Implementing anti-bullying and harassment initiatives.
- Offering flexible working arrangements and on-site mental health support.
Workplace discrimination against workers with chronic health conditions
A new report has found that a third of Australians living with a chronic health condition have left a job due to their condition. 44% of respondents cited a lack of support in the workplace as the reason.
The report uncovered that stigma and discrimination toward those living with a chronic condition is still highly prevalent in workplaces:
- One in five leave their job due to discrimination.
- 77% of workers believe that individuals living with a chronic condition experience discrimination and stigma at work.
- 51% said the fear of experiencing discrimination was the main reason that many people living with a chronic condition chose not to not disclose their condition to their employers.
This report highlights the key areas that workers believe their employers can do more to support people with chronic conditions. This includes improving flexible working hours, support to take time for medical appointments, and workplace policies to support individuals.
Nine reporter sues network for sex discrimination
Channel 9 reporter Airlie Walsh is suing the Nine network in the Federal Court amid the fallout following the damning report into the company’s culture released earlier this month.
Maurice Blackburn filed a sex discrimination claim on Walsh’s behalf against the company on November 29, although further details of the claim are not yet known.
EEO Specialists works with organisations to enable safe and respectful workplaces. We offer a range of in-person workshops as well as online courses. If you would like to have a confidential discussion about workplace behaviour and compliance, please call Franca Sala Tenna on 0405 134 187 or email franca@equalopportunitytraining.com.au