Harassment in the Workplace

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By Warwick Ryan, Partner, Hicksons Lawyers

FOR MOST SME EMPLOYERS, sexual harassment does not generally rate as a significant legal and financial risk. It is more often something to be addressed with a template policy and on an ad hoc basis when there is complaint. New laws from the Commonwealth

Government mean that this is about to change.

Workplace sexual harassment has been a growing problem across workplaces. In response, that Australian Government asked the Australian Human Rights Commission (AHRC) to investigate sexual harassment in Australian workplaces. In March 2020, the AHRC released its report - the Respect@ Work: Sexual Harassment National Inquiry Report (the Report).

The Report made 55 recommendations for both the government and private sector (that is, our Australian businesses). The recommendations are mainly about Government policy and legal changes, designed to prevent and address sexual harassment in the workplace. The

Government has committed to implementing all 55 recommendations. To do this, a new law - the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (the Bill) has been introduced into the Parliament.

What do the changes look like for employers? The intention of the Bill in practice is to prevent sexual harassment and discrimination in the workplace before it occurs in the first instance. This is very different to current laws and approaches which generally designed to address and/or respond to discriminatory or harassing conduct after it has occurred. Two important changes are: 1. The Bill prohibits behaviour which subjects another person to a workplace environment that is hostile on the grounds of sex; and 2. The new Bill introduces requirement for employers (called a ‘positive duty’) to take reasonable and proportionate measures to eliminate unlawful sex discrimination (Including sexual harassment) as far as possible.

This second point is perhaps the most important issue for employers - the need to be aware of the new, proactive positive duty to take action to eliminate unlawful sex discrimination.

What Does This Mean for Businesses? The key change is that employers will have a ‘positive duty’ or obligation to put measures in place to prevent unlawful sexual harassment and/or discrimination from occurring in the workplace prior to it occurring.

This is different to the current situation where workers make complaints to their employer after being subjected to unlawful sex discrimination and /or sexual harassment in the workplace, and employers then need to respond to a complaint of conduct that has already occurred.

The Bill outlines that employers must take ‘reasonable and proportionate’ measures is prevent workplace harassment., Understandably, these will vary considerably depending on a range of different circumstances, specific to each employer, their industries, and the nature of the business. The exploratory memorandum for the Bill suggests that this positive duty can be met by: (a) Implementing policies and procedures. (b) Collecting and monitoring data. (c) Providing appropriate support to workers and employees; and (d) Delivering training and education on a regular basis.

This positive duty or obligation is intended to align and reflect the existing duties of employers as outlined within WHS laws. Those WHS duties require employers to provide a safe working environment for their workers - so far as reasonably practicable.

The stakes have got higher in this area, and it is important for employers of all sizes to be proactive in their response to the proposed legislation. It will be timely in the New Year to review your current workplace policies and procedures to identify what measures can be implemented to prevent and address sexual harassment and discrimination in the workplaces.

2022 – An eventful year! CONTINUED FROM PAGE 4

Meanwhile, two major residential developments are now underway and one soon to start will change Gosford forever.

In May the Alceon Group commenced construction of Rumbalara Luxury Residences on John Whiteway Drive on the highest point of Rumbalara Reserve overlooking all of Gosford.

When completed in 2024 this development will feature 188 luxury residences across two hectares with four buildings, pools, club amenities and the rest.

At the same time Sydney developer and construction company St Hilliers commenced construction of the first of a 28-level, 136-unit residential tower on the old Gosford Primary School site overlooking Gosford Boat Harbour. To be known as The Waterfront it is planned for completion in 2024.

The most anticipated news of the year has been the acquisition of The Archibald site right in the centre of Gosford.

Sydney property developer and builder ALAND acquired the site in June and is proceeding with the project that will see two 28-level towers with 289 residential units and a 167 room 5-star hotel with conference facilities and will get underway early in 2023.

All three developments are reporting strong off-the-plan sales.

The bottom line is that 2023 and 2024 will be a very positive time for Gosford and the Central Coast after too many years of frustrating setbacks.

Finally, may we thank all our readers, subscribers, and advertisers for their support again this year.

As we move into our 34th year of publication we wish you a Very Merry Christmas and Happy and Prosperous New Year.

Edgar Adams Editor