New report calls for stronger measures to combat sexual harassment
The new Speaking from Experience report released by the Australian Human Rights Commission (AHRC) outlines 11 recommendations to better address workplace sexual harassment, including:
- Amending the Sex Discrimination Act 1984 to limit the use of confidentiality and non-disclosure agreements (NDAs).
- Introducing civil penalties for employers who breach their Positive Duty under the Act.
The report recommends restricting the use of NDAs unless the person who has been sexually harassed wants confidentiality, consistent with a model used in Ireland.
This marks the delivery of the final recommendation of the AHRC’s Respect@Work report, released in March 2020. The Commission has also released a series of resources to help employers understand their responsibilities under the Positive duty.
Employee working overseas awarded compensation for unfair dismissal
A legal assistant has been found by the Fair Work Commission (FWC) to have been unfairly dismissed by Queensland-based firm MyCRA Lawyers, after being terminated without warning or proper procedure.
This decision follows an incident in which the legal assistant, who worked remotely from the Philippines, was abruptly fired during a Skype call with the firm’s principal after she sent an email to an external party that failed to follow his instructions.
In response to the allegations, the legal assistant explained that she had been “under pressure” and that her “excessive” workload had led to mistakes. Rather than addressing her concerns, the principal told her she was “talking like a crazy woman and suggested she seek psychological help”. The assistant alleged he had been “micromanaging her work, being overly critical of her, overworking her, setting unreasonable expectations, and refusing to approve overtime”.
The FWC found that while the email sent by the legal assistant contained errors, those mistakes didn’t justify the dismissal as they “they did not cause damage to the respondent other than perhaps some embarrassment that it was not presented in a professional manner.” It also found that the assistant was given no warning of the dismissal and there was no discussion with her prior to the decision to ‘fire’ her. She was awarded compensation.
This is a timely reminder for all employers: fairness and procedural integrity are non-negotiable – no matter where your staff are located.
New guide on intersectionality in the workplace to enact DEI
Diversity Council Australia (DCA) has launched the Applying Intersectionality at Work guide, helping employers to enact DEI meaningfully at work.
Intersectionality refers to how different aspects of a person’s identity expose them to overlapping forms of discrimination that greatly increase their marginalisation. Understanding those overlapping differences is an important step when it comes to implementing DEI practices in the workplace.
According to the DCA, employers should incorporate the following steps:
- Build knowledge about what intersectionality is and how to centre the voices of those most marginalised.
- Take practical steps to ensure no one is left behind in an organisation’s DEI practices.
SafeWork aims to increase enforcement across NSW
Following a $128 million boost in this year’s budget, SafeWork NSW is aiming to increase enforcement across the state.
This approach includes hiring of 50 new inspectors, including 25 roles focused on psychological hazards. It is reported that the regulator is increasing its focus on psychological harms, including sexual harassment and bullying.
SafeWork NSW has recently issued 16 improvement notices to 11 hospitality venues across NSW in relation to sexual harassment work health and safety hazards. Key issues identified included insufficient consultation with staff on managing workplace risks, limited staff training on incident response, and a lack of detailed risk assessments specific to sexual harassment in the hospitality context.
Journalist wins unlawful termination case
A journalist has won her unlawful termination case against the ABC in the Federal Court, with the ABC ordered to pay her $70,000 in damages.
She was terminated after sharing social media posts about Israel’s ongoing war on Palestine, including a report by the Human Rights Watch alleging that Israel is using starvation as a weapon of war.
The journalist alleged that she had been dismissed because of her race and political views. ABC denied this and claimed that she had disobeyed a lawful instruction not to post anything ‘controversial’ on social media while working for the ABC.
The Court held that she had been dismissed for her political opinions, breaching s 772(1)(f) of the Fair Work Act. This provision prohibits termination based on, among other things, the grounds of race, sex, gender identity, disability, pregnancy, religion, and political opinion.
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 or email franca@equalopportunitytraining.com.au
Work health and safety reforms passed in NSW
NSW has passed reforms strengthening the State’s work health and safety laws, amending the Industrial Relations Act 1996 (NSW) and the Work Health and Safety Act 2011 (NSW). Key reforms include:
- Enshrining gender equality and elimination of workplace bullying and sexual harassment as explicit objectives of the Industrial Relations Act.
- Making it mandatory to comply with a code of practice.
- Establishing new jurisdictions for workplace bullying and sexual harassment through the NSW Industrial Relations Commission for complaints from NSW Government and local government employees. Remedies include ordering a public apology, ordering an employer take specified actions to stop unlawful conduct, or ordering damages of up to $100,000.
- Granting SafeWork NSW new powers to enforce compliance.
These reforms are to complement the controversial changes to the State’s workers compensation system, which are yet to be passed by NSW parliament.
Barrister fined $10,000 for unwanted sexual touching
A barrister at Greenway Chambers in NSW was formally reprimanded and fined following an incident of unwanted sexual touching involving a female solicitor at a 2023 work Christmas event. His conduct was deemed unsatisfactory professional conduct.
The NSW Bar Association Council directed the barrister to provide a written apology to the woman and her employer, and imposed a $10,000 fine. He was also required to complete at least 10 hours of counselling at his own expense, focusing on sexual harassment, respect for women, and excessive alcohol consumption.
NT Government to reverse anti-discrimination protections
The Northern Territory Government has announced plans to replace the vilification clause in the NT’s Anti-Discrimination Act and restore exemptions for religious schools to discriminate based on race, sexuality, gender and religious beliefs.
The NT Anti-Discrimination Commissioner is opposed to the reforms, stating that replacement of the vilification clause would ‘water down’ current protections that prohibit offending, insulting, humiliating or intimidating people based on their race, gender or sexuality.
Changes to the Anti-Discrimination Act are set to be introduced to parliament in July and debated by the end of the year.
Top law firm accused of bullying and discrimination
A former administrator at MinterEllison has filed a lawsuit against the firm. She is seeking $765,000 in damages for alleged disability discrimination, adverse action, and breach of duty of care.
According to the administrator, an external psychologist found examples of bullying, inappropriate behaviours and a culture that permeated psychological harm in the ICP team in 2019. Around this time, she alleged that she was experiencing excessive workload, and another employee in the team suffered a mental health event in the workplace. These events reportedly led to a meeting conducted by an executive, who relayed words to the effect of “if you people don’t change your behaviour, heads will roll”.
In September 2021, the administrator became unwell with work-related stress and took personal leave. When she returned in October, she informed the firm of her disability and requested reasonable adjustments which she claims were not delivered. She claims that this non-adjustment to her disability was discrimination. Additionally, she said she experienced bullying, humiliation and belittlement either by or in front of the ICP team, including being called ‘too sensitive’ and ‘slow’ by colleagues.
The administrator ultimately left MinterEllison in February 2022 after becoming unfit for work due to a psychological injury. The firm has denied all the allegations.
Toxic workplace culture at local government council
The Australian Services Union (ASU) has slammed the workplace culture at Moira Shire Council in Victoria, calling for urgent intervention to address systemic failures in employee wellbeing, safety, and leadership.
A recent ASU survey of Moira Shire Council workers revealed the following:
- 73% said their mental health impacted their work performance.
- 68% experienced threats, violence, or intimidation at work.
- 73% did not believe management would take their concerns seriously.
- 68% felt exhausted or at risk of burnout.
- Only 5% were satisfied with how management handled reports of threats.
ASU VIC TAS Branch Secretary said the results expose a toxic, unsafe workplace culture, with sexual harassment, bullying, intimidation and burnout rife. It has formally written to Moira Shire Council leadership demanding action to protect staff and restore basic workplace standards. In the letter, the Union highlighted staff accounts describing burnout, intimidation, and mental health impacts.