Addressing sexual harassment key to retaining employees
A new report by Our Watch has found that 83% of female employees and 67% of male employees would consider leaving a job if workplace sexual harassment was not adequately addressed. The data also showed that gender equality was particularly important for attracting female employees, with 75% of women saying that a workplace’s commitment to gender equality would influence their decision to apply for a job.
Over 80% of both leaders and employees surveyed agreed that gender equality is important for creating a positive and respectful work environment. These findings underscore the need for employers to make workplaces safer to attract and retain talent, particularly women.
State Government releases final Respect@Work report
The WA State Government has released its most recent progress report on the implementation of the Respect@Work recommendations handed down in 2020.
The report shows that WA has successfully completed 15 of the 18 recommendations, including the establishment of WA’s first Working Women’s Centre to assist women who are experiencing workplace sexual harassment and discrimination. The remaining three recommendations to be implemented include:
- Implementation of revised standards for certain educational organisations relating to the harassment and discrimination of staff.
- Amendment of the Equal Opportunity Act 1984 (WA) to achieve consistency with the Sex Discrimination Act 1984 (Cth).
- Passing of the Evidence Bill 2024 (WA) or other measures to protect alleged victims of sexual harassment who are witnesses in civil proceedings.
Harassment rife in South Australian legal profession
The 2024 review of harassment in the legal profession in South Australia has revealed a culture of widespread sexual and discriminatory harassment that is permeated by power imbalances and hierarchical issues. It examined the effectiveness of 16 recommendations implemented by the previous 2021 review but found that little had changed.
The data showed that over 40% of respondents had experienced sexual or discriminatory harassment in the legal profession, with one in three having experienced it more than once. 75% of respondents who experienced sexual harassment said it occurred either in the office or another form of the workplace. 9% of respondents who had been sexually harassed said that the perpetrator was a judicial officer. Bullying was listed in the report as the most common form of harassment, with almost 40% of respondents experiencing some form of bullying between the 2021 and 2024 reviews.
More than two in three respondents elected not to report the harassment due to either a lack of trust in the process, or fear of repercussions, citing a culture where it was considered best not to “rock the boat”. One respondent said: “This power balance makes it hard for us to come forward in fear it will be career suicide. As such, this behaviour ends up being tolerated and accepted.”
The SA Commissioner for Equal Opportunity has made 14 new recommendations that seek to drive change in the sector.
Changes to WA industrial laws take effect
The new prohibition on sexual harassment introduced into the WA Industrial Relations Act 1979 (IR Act) took effect on 31 January 2025. Section 51BR of the Act now prohibits sexual harassment in connection with work, bringing state laws into consistency with the Commonwealth Fair Work Act.
The maximum civil penalties for contravening state employment laws have also been increased from $65,000 to $93,000 for a body corporate, and $13,000 to $18,000 for an individual, along with higher maximum penalties for serious contraventions. A serious contravention occurs where the person knowingly commits the contravention or is reckless as to whether the contravention would occur.
An employee may make now an application to the WA Industrial Relations Committee (WAIRC) for a stop sexual harassment order, and/or refer the matter to the WAIRC for it to deal with the sexual harassment allegation via its conciliation and arbitration powers.
Employers may also be vicariously liable for the acts of their employees or agents unless they can prove they took all reasonable steps to prevent the sexual harassment from occurring.
Transgender teacher’s discrimination complaint heads to court
The discrimination claim of a transgender teacher has now been referred from the Australian Human Rights Commission to the Federal Court. It is alleged that the employer, Sydney Catholic Schools, suggested that Zoe Conolan-Glen move to a new school at the beginning of the 2024 school year after she informed them of her transition.
The organisation allegedly sent her a letter in March 2024 expressing concern regarding her “observable male characteristics” and invited her to take leave with no pay until the end of the year. Conolan-Glen rejected the offer and took an administrative position at the school without student contact.
When she was considered for another position at a school later, it is alleged that invasive questions were asked about her intended bathroom use and how she would respond to questions from parents about her gender. It is also alleged that the school wanted to send an internal communication to all staff outlining Conolan-Glenn’s gender transition and when she refused to agree to this, the offer did not progress further.
The employer has declined to comment on the case.
Perth doctor banned after sexually harassing employee
Akinyemi Freeman has now lost his licence to practice medicine and is ineligible to reapply for five years because of his prolonged and repeated sexual assault and harassment of an employee.
Over a period of almost two years, Freeman engaged in sexual misconduct towards the employee, both whilst they worked together at his clinic and outside of work hours. The incidents included repeated groping, threatening words and two separate occasions where the doctor drove the employee to a hotel and stayed the night at her house uninvited.
In November 2023, a Perth magistrate found Freeman guilty of seven charges of unlawful and indecent assault after the woman complained to authorities. He was given a 15-month sentence that was suspended for 12 months but the Medical Board of Australia has now disqualified him from practising for five years and ordered him to pay the applicant’s costs.
Four former Swillhouse staff take their claims to court
Four former staff members of the Swillhouse, a Sydney hospitality group, are pursuing damages from their ex-employer following last year’s report detailing allegations of sexual misconduct against the group.
The staff members claimed that the group fostered a dangerous work environment for employees rife with drug and alcohol misuse, sexual misconduct and a leadership team that failed to adequately address complaints. The Swillhouse has since deleted their online apologies addressing the allegations.
The ex-employees are now seeking damages for alleged incidents of sexual assault, pressure to take drugs while on shift, being required to work with those they had accused of assault and promotion of misogyny. They are represented by globally renowned employment lawyer Sheryn Omeri KC, known for advising victims of Harvey Weinstein.
Safe Work NSW is currently investigating the Swillhouse and the wider hospitality industry for alleged misconduct.
Former Nine reporter reaches settlement over sex discrimination claim
After filing legal action through the Federal Court against Nine Network Australia in October 2023, former reporter Airlie Walsh and the broadcaster have reached a confidential settlement over a sexual discrimination claim.
Walsh lodged the claim against her employer in an attempt to “right a number of wrongs”, after which the network undertook a damning workplace review. The review found systemic practices of bullying, discrimination, harassment, and sexual harassment.
AHRC investigates complaint against Peter Dutton
The Australian Human Rights Commission (AHRC) will consider a complaint made against Opposition Leader Peter Dutton, which accuses him of discrimination and inciting racial hatred through public statements made about Israel and Palestine.
Sydney-based law firm Birchgrove Legal is representing a group of complainants who allege Mr Dutton engaged in racial hatred, citing 25 separate incidents. The AHRC formally accepted the complaint earlier this month and will now assess whether the matter can be resolved through a process of conciliation.
If the matter cannot be resolved through conciliation, the complainants may take the matter to the Federal Court
Australian screen industry faces mental health crisis
A study by Griffith University has found that the Australian screen industry is fraught with burnout, bullying and sexual harassment.
The screen industry encompasses film, TV, animation, games and VFX. The study exposed troubling rates of workplace misconduct, with 48% of respondents experiencing bullying in the past year and 35% facing sexual harassment or discrimination. 36% of victims in the industry never formally reported incidents, fearing career repercussions or believing their complaints would not be addressed.
The impact of these challenges falls disproportionately on underrepresented groups, with LGBTIQA+ staff reporting higher rates of depression and sleep issues and women reporting higher rates of unmanageable workload and poorer work-life balance.
Hospital apologises after leaked email ridicules junior doctors
John Hunter Hospital in NSW has apologised after an email from a HR official was leaked, calling junior doctors ‘marshmallows’. It is understood that the email was sent in response to junior doctors questioning a decision to roster them on for 10-night shifts in a row. The message stated: “I wonder if any of them realise that they are a doctor and that this is what happens. Oh that’s right … I forgot. Lifestyle before career. God help us in the future. We are going to have a workforce of clinical marshmallows!”
The Australian Salaried Medical Officers’ Federation (Asmof) president, Dr Nicholas Spooner, said the email is not an isolated incident at one hospital but rather a symptom of the broader crisis within public hospitals across NSW. He said toxic workplace cultures and inadequate workplace protections are taking a toll on the mental health of junior doctors.
Following the incident, Asmof staged a protest outside Newcastle’s John Hunter hospital, highlighting that junior doctors will be considering strike action after escalating tensions over their ‘toxic workplace culture and hazardous conditions’.
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