Responding to high profile cases related to unlawful workplace behaviours

The recent Lloyd’s Register Foundation World Risk Poll found that Australia has one of the highest rates of workplace violence and harassment in the world, with an average of 49.1% (compared to 21% globally). Several recent high profile cases have also highlighted the legal and financial consequences, reputational damage, and impact on employee wellbeing.

We have responded by creating a unique ‘Workplace Culture Review Pack’ which aims to help organisations respond quickly with a holistic approach, rather than short-term reactionary measures.

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Workplace Culture Review Pack

The Workplace Culture Review Pack covers seven important stages:

Apology and Reset

Address all staff by acknowledging the current situation, apologising for the impact, and outlining actions, expectations, and behaviours going forward. This is best delivered in person to all staff by the CEO or the most senior leader. This is vital for re-building trust.  

Risk Audit Tool

Workplace behaviour legislation has changed more in the last two years than the previous decade. We have summarised relevant laws and guidelines in a Risk Audit Tool which will help you take stock of where your organisation is currently at and identify gaps against the legislation.  

Review History

It is essential to conduct a thorough review of your current policies and procedures, past incidents of unlawful workplace behaviour, previous complaints, and any workplace behaviour training completed.

Take Action

Once the review is completed, check if there is a theme in relation to people who still work at the organisation whose actions were never investigated. Consider engaging an independent mediator/investigator to conduct a formal investigation and take appropriate action. 

If allegations are substantiated, follow through with a formal written warning or dismissal following due consideration of unfair dismissal criteria. 

If dismissal is not the decision, despite substantiated allegations, then create a structured accountability program for the respondent that can include re-training, coaching, and regular behaviour audits.  

Governance

Update workplace behaviour policies and procedures in compliance with current legislation. Include clear guidelines for complaint management, delegation of responsibilities, and accountability. 

Ensure natural justice is followed for respondents. If unlawful behaviours have been allowed to persist, create options for anonymous reporting, conduct an independent review across the organisation. Avoid scapegoating and commit to organisation-wide changes.  

Training Plan

Workplace behaviour training is now mandatory for all staff. We offer a range of in-person workshops as well as online courses via our sister organisation Online Compliance Training. All our training is legally sound and backed by fifteen years of experience. Over 35,000 people have experienced the benefits of our workshops, and more than 61,000 people have completed our online courses successfully. 

Ongoing Support

Rather than facilitating training in isolation, we offer a Wraparound Service that includes ongoing support via our EEO Compliance Hub. You will get free access to valuable resources such as training summaries, toolbox talks, a communications calendar, posters, videos, and more. 

Time is Critical. Act Now.

As with any crisis, a prompt and effective response is essential for successful outcomes. You have taken the first step by acknowledging the issue, we will now work with you and your team to develop and implement the Workplace Culture Review Pack. 

Please call Alysha Hooper on 0433 376 541 or email info@equalopportunitytraining.com.au for a confidential discussion about the next steps.