1 in 3 employees experience workplace sexual harassment
A new analysis from Burke Mangan Lawyers has revealed that that 33% of employees experienced workplace sexual harassment between 2018 and 2022.
The analysis cited data from the Australian Human Rights Commission, Fair Work Commission (FWC), and recent court decisions. It noted:
- While 99% of employers have policies to eliminate harassment, only 55% of boards engage meaningfully with these.
- Only 18% of employees who experience sexual harassment file a formal complaint, and 40% say nothing changed after doing so.
- Employees aged between 15-29 were the least likely to report experiences.
Burke Mangan Lawyers recommend conducting targeted training for leaders and managers and encouraging boards to have an active role in harassment prevention. Employers must identify risks, assess their likelihood, and eliminate or minimise them. This includes having robust policies, staff and manager training, and a clear complaints process.
Cbus Super staff overworked amid allegations of psychological hazards
A union survey has found that almost 9 in every 10 employees at the $100 billion superannuation fund Cbus feel overworked or under pressure to work during their time off, suggesting wider cultural issues.
While most respondents were comfortable raising concerns with a superior, 41% said “issues raised are not adequately addressed”. It is reported that the fund recently commissioned an external investigation into allegations of bullying and psychological hazards in its legal team following a report to the workplace safety regulator.
SafeWork NSW confirmed that it had received a report about work health and safety at Cbus on June 6, with a spokesperson emphasising that employers must manage psychosocial risks like any other work health and safety issue.
New bullying and sexual harassment reforms start in NSW
NSW’s bullying and sexual harassment reforms took effect on the 13th of October. This means that public sector workers in NSW can now seek orders and damages to stop bullying and harassment in workplaces.
Workers in hospitals, schools, local councils, and other public services can now go to the NSW Industrial Relations Commission if they experience bullying or sexual harassment at work. Reforms authorise the Commission to order:
- Stop bullying or harassment notices.
- Damages up to $100,000 for the victim.
- Public apology to the victim.
- The employer to take specific actions to prevent future problems.
Individuals who contravene a bullying or harassment order may face penalties of up to $18,870, while employers may be fined up to $93,900.
Alleged cultural issues at Westpac Rescue Helicopter Service
A whistle-blower’s letter signed by 11 employees of the Westpac Rescue Helicopter Service (WHRS) in NSW alleges endangerment of the health and safety of others, inappropriate workplace behaviour, long term victimisation, degrading staff, and a culture of fear that targets those who speak out.
One whistle-blower detailed her experiences of sexual harassment, stating that there was a culture of “blokey man jokes” which was excused as “it’s just the way we are here”.
The WHRS has rejected claims of cultural issues but stated that they will conduct an independent review into the claims.
SafeWork issues improvement notice to local council
SafeWork NSW has directed Shoalhaven City Council to strengthen its support for Councillors in managing psychosocial risks in the workplace.
Following a psychosocial safety review, the workplace health and safety regulator issued two Improvement Notices requiring the Council to consult with Councillors about managing psychosocial hazards and to provide them with information, training, and guidance on appropriate workplace conduct and behaviour.
The notices require Council to remedy the matters by consulting with Councillors about managing psychosocial hazards by 30 October and by implementing training and instruction by 12 December.
Racism forcing more Indigenous people to leave the workforce
A new report released by the University of Technology Sydney has found that 38% of Aboriginal and Torres Strait Islander people were mistreated at work because of their cultural identity. Some key findings include:
- 44% reported hearing racial slurs.
- 59% reported experiencing appearance racism – receiving comments about the way they look or ‘should’ look as an Aboriginal or Torres Strait Islander person.
- Only 1 in 3 had the workplace support required when they experienced racism.
- Only 1 in 5 worked in organisations with both a racism complaint procedure and anti-discrimination compliance training that included reference to Indigenous discrimination and harassment.
The report provides ‘10 Truths’ for organisations to improve workplace inclusion for Indigenous staff, including consulting with Indigenous staff on how to minimise cultural load and taking action to address workplace racism.
Former parliamentary staffer settles bullying and harassment claim
A former Parliamentary Library researcher has reached a $120,000 settlement with the Albanese government for bullying and harassment, and alleged historic sexual assaults.
The claim, launched in 2023, related to bullying and harassment in Parliament House, and historical sexual assaults that took place while she volunteered in a parliamentarian’s office over two decades ago. She highlighted that the government had sought to get her to sign non-disclosure agreements (NDAs) but later discovered the existing policy for NDAs not to be part of an agreement unless requested by a complainant. The request for confidentiality was eventually withdrawn, but not without much legal wrangling.
The researcher said that her case is one example of many reported on by Kate Jenkins in the Set the Standard Report and is keen to talk to people further about reforming parliamentary workplaces.
Stop-bullying application against RACP President
The FWC has heard a stop-bullying application filed by the president-elect of the Royal Australasian College of Physicians (RACP) against the college’s current president.
The president-elect’s lawyers told the Commission that tensions escalated after she lodged a whistle-blower complaint about alleged bullying by the current president. They said the bullying intensified when she later filed her Fair Work application for an anti-bullying order, claiming she and her colleagues had been subjected to repeated bullying and mistreatment.
A few months later, the College board passed a vote of no confidence in president-elect, accusing her of contributing to a “toxic culture” and engaging in “adversarial and disrespectful behaviour”. The applicant said no written allegations were provided to her, and she was denied a right of reply.
The FWC hearing has concluded but a decision is yet to be made.
Australian Human Rights Commission publishes annual report
The AHRC’s annual report for 2024-25 highlights this year as the first full year of the Commission’s new role as a regulator of the positive duty in the Sex Discrimination Act. The positive duty requires workplaces to take proactive action to prevent sexual harassment, sex discrimination and other unlawful conduct.
The report details that the AHRC launched 4 formal inquiries and engaged with 35 other employers in relation to the positive duty but does not disclose any further details of the inquiries.
Reports were predominantly received from accommodation and food services, arts and recreation, retail trade and healthcare industries. The AHRC has announced that they are now focussing on the retail and hospitality sectors.
Public Service Association occupational violence survey results
The Public Service Association’s Occupational Violence Survey has revealed the risks faced by Service NSW staff. In the past 12 months:
- 84% experienced verbal abuse
- 41% experienced verbal threats
- 40% experienced intimidation
- 35% experienced bullying from staff or management
- 7% reported sexual harassment.
Almost half of those who experienced this behaviour did not report it, citing lack of support or believing that nothing would be done. Only 4% said a formal investigation took place after reporting, and almost half said no action was taken.
Increased bullying and harassment complaints in ACT Public Service
The ACT Public Service State of the Service Report 2024-25 reveals an increase in bullying and harassment complaints made by employees in 2024-25, compared to the previous year. Some key findings include:
- 844 complaints were made in 2024-25, compared to 577 in 2023-24.
- Of the 625 complaints made via the ACT Public Service online work health and safety management system, 16 related to sexual harassment, and 8 involved gender-based violence.
- 110 reports of bullying or harassment led to a preliminary assessment being conducted, with 25 of those progressing to a formal misconduct process.
ADF facing class action for sexual violence, harassment, discrimination
A landmark class action against the Australia Defence Force (ADF) has been launched by law firm JGA Saddler in the Federal Court. It alleges systemic sexual violence, harassment, and discrimination against women within the institution.
The case will operate on an opt-out basis, meaning all women who served from November 12, 2003 to May 25, 2025 will be automatically enrolled. The Director of JGA Saddler stated that the ADF is rife with sexual violence, assault and discrimination, with the threat of sexual violence in the workplace a bigger risk for servicewomen than the threat of war.
The class action is headed by four lead applicants who allege they were treated like the problem, not their perpetrators, after reporting their experiences.
The ADF is reportedly working on implementing the recommendations made by the Royal Commission into Defence and Veteran Suicide which relate to sexual violence.
Perth worker’s dismissal upheld following sexual harassment
A former employee of Mettler-Toledo has lost his unfair dismissal case after the FWC found he engaged in repeated sexual harassment at the workplace.
The case centred on complaints from three female co-workers about the worker’s conduct at the Perth office. The commissioner found that he spoke at work about his and his wife’s sex life in detail, making female staff uncomfortable. The FWC concluded that these frequent, detailed conversations, combined with physical displays of affection at the office and staring, amounted to sexual harassment and constituted serious misconduct.
Whilst the worker’s conduct justified his dismissal, the FWC noted serious flaws with the employer’s investigation of the allegations. Additionally, the worker was given only 24 hours to respond to details of the complaints and handed a termination letter without prior notice of the decision.
However, the FWC ultimately ruled that the findings of sexual harassment and serious misconduct outweighed the deficiencies in the investigation.
Worker dismissed for inappropriate comments to co-worker
The FWC recently dealt with an unfair dismissal application from a worker employed as a casual shop attendant.
Throughout his employment, there were instances of him making inappropriate comments to customers and co-workers, including repeatedly making demeaning comments to a co-worker regarding body odour. Another co-worker disclosed feeling scared of the worker to the owner and not wanting to work with him as a result.
The owner determined that the worker posed a psychological risk to other employees and would need to be terminated for the owner to discharge his duty of care to other employees.
The FWC found that the owner had reasonable grounds to believe that the worker’s conduct was serious enough to justify dismissal, resulting in the application being dismissed.