What’s been happening in Australia in relation to sexual harassment, discrimination, and bullying: 30 December, 2024 – January 12, 2025

50% of burnt-out lawyers contacted while on leave 

Results from the College of Law’s Legal Industry Satisfaction Survey 2024 indicated that half of the lawyers who took leave to recover from burnout were contacted by a colleague or manager during that time.

Of the more than 1,000 lawyers surveyed, almost 40% said they had experienced burnout either in the week or the month prior to their responses. The majority of those who reported burnout were junior lawyers and full-time office workers. Women were also more likely to report burnout and to take leave. Those who experienced burnout suggested changes such as flexible work arrangements, workplace cultures that support wellbeing and giving employees the right to disconnect, as optimal solutions.

Since burnout is a psychosocial hazard under the new legislation, employers in burnout-prone industries such as law should take preventative action to ensure compliance.

Chartered Accountants ANZ sued for sex discrimination

The nation’s professional accounting body is being sued in the Federal Court for sex discrimination by Jacinta Bailey, an employee. She alleges that CA ANZ threatened to fire her after she complained about a senior executive kissing her without consent after a Christmas work function in 2023.

An external investigation concluded with the senior executive admitting to the harassment and receiving a formal warning. CA ANZ then launched a separate disciplinary investigation into Bailey’s role in organising the post-function drinks and allegedly accused her of breaching workplace policies, subjected her to exclusionary practices, and threatened her with termination.

Bailey has been unfit to attend work since March 2024 and said she has suffered psychiatric harm, lost income and incurred medical expenses. The lawsuit seeks compensation for economic loss and general damages, aggravated damages, and a public apology from CA ANZ. The body has said that it offered wellbeing support to the parties involved but have not provided further comment.

Investment banker quits job after degrading conduct 

Sydney social media creator Chloe Barry-Hang has quit her job as an associate at Gresham Partners after feeling degraded and unsupported in the role as a young woman. She claimed that the company offered her ‘hush money’ after her resignation which she turned down to share her negative experiences on social media.

Chloe detailed one work dinner where a male colleague repeatedly touched her hair and shoulders and covered her mouth with his hands when she tried to speak. She alleges that no one from her team checked in with her the following day nor reprimanded the man. She claimed that the workplace contributed to her poor mental health due to a lack of positive feedback and was reprimanded for working on her own business outside office hours, despite often staying in the office till 9-10pm and working weekends.

During a team meeting in which she brought up the company’s poor culture, one of the attendees allegedly stated that “the culture will never change”, after which Chloe made the decision to leave.

Global law firm sought to bury bullying claim 

According to an internal email, global law firm Dentons sought to bury bullying findings against a senior partner to protect his reputation and avoid damage to the firm’s expansion plans.

Mr Albeck, a former partner at the firm, is suing Dentons in the Federal Court, alleging he was forced to resign after eight bullying claims against a senior partner and former board member, Mr Tsiakis, were upheld. Over three years, Mr Albeck made numerous complaints of bullying to HR about Mr Tiakis’ offensive and inappropriate conduct to himself and other staff members.

Despite the findings of an investigation into his behaviour, there were allegedly no consequences for Mr Tsiakis within the firm. Instead, it is alleged that the Australian CEO of the firm used past allegations of misconduct or poor performance to force Mr Albeck’s resignation.

The matter remains before the Federal Court, with a hearing listed for May.

Ex-employee takes Melbourne builder to VCAT for abuse

A former employee of Marque Property Group has launched legal action against the company, alleging he was subjected to homophobic bullying, discrimination, and damaging professional misconduct by a senior manager.

The ex-worker claims he endured a hostile work environment fuelled by his manager’s ‘hateful homophobic comments’. The worker alleges further instances of workplace misconduct, including interference with his professional communications and discriminatory practices that affected his income. The allegations have been supported by statements from other former colleagues, and other staff members are named as victims in complaints against the same manager.

Another former employee alleges that the same individual exhibited misogynistic and racist behaviour toward a female Chinese staff member. The case is now before the Victorian Civil and Administrative Tribunal (VCAT).

Former trainee bus driver files harassment claim 

A former trainee bus driver in Brisbane has filed a complaint with the Queensland Industrial Relations Commission (QIRC), alleging she was subjected to sexual harassment, bullying, and victimisation by five council employees.

Ms Alistair – the complainant – was on a temporary contract when she was dismissed after an internal investigation found 13 instances of misconduct during her first year. She contends that her termination was unjust, citing a lack of prior warnings and procedural deficiencies during the investigation into her alleged misconduct.

The proceedings are ongoing, with the tribunal yet to examine Ms Alistair’s claims of harassment and the council’s justification for her dismissal. The outcome may have broader implications for how temporary employees are treated concerning unfair dismissal and workplace harassment.

 

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 

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