Harassment: Still “Part of the Culture”?

Unions NSW’s Ready, Willing, Unable report (the Report) is a significant warning to all workplaces and a timely reminder to employers that compliance with the Respect@Work obligations requires proactive and preventative management.

The Report found that more than half of surveyed workers witnessed sexual or gender-based harassment in the past year, and a quarter observed such behaviour multiple times annually. The perpetrators were predominantly men (85%), while the targets were overwhelmingly women (84%). Reported behaviours ranged from sexist jokes and leering to unwanted touching, online harassment and gender-based exclusion. Kate Jenkins report in 2020 highlighted sexual innuendo and intrusive personal questioning as the two ‘biggest problem areas’ and it looks like workplaces have not moved much since then. Although according to the Report many employees feel ‘ready’ to speak up, most do not because they fear retaliation and lack confidence in workplace reporting systems. Nearly 300 respondents explicitly stated that harassment is a persistent workplace issue. When individuals do raise concerns, the behaviour often stops only temporarily.

The Report concluded that Employer responses remain inadequate. Complaints frequently lead to no meaningful action, offenders rarely face consequences and workplace training is commonly described as perfunctory, either “box-ticking” exercises or generic online modules. Management often prioritises organisational reputation over genuine intervention, further embedding harmful workplace cultures.

Recently in Loquias v The Star Entertainment Group and Dwyer [2026] QIRC 23 the employer, despite having applicable policies, was unable to avoid being held vicariously liable for its employee’s contraventions of the Anti-Discrimination Act 1991 (Qld), because its training was inadequate because it was simply an online module which the employees were required to complete whilst working. The employer was required to pay the employee nearly $50,000 in damages, part of a total award exceeding $110,000 that included compensation for medical expenses and lost income.

Our Take

We think that makes sense for mandatory, practical training and stronger protections for ethical bystanders under Respect@Work and WHS laws. Without such ‘blunt force’ intervention what else is likely to provide improved outcomes across all workplaces in this area?

This isn’t just about bad behaviour. It’s about broken systems, fear of retaliation and ineffective processes. Employers can’t keep hiding behind generic online training and PR statements. They need leadership buy-in, realistic examples, and accountability. And ethical bystanders? If they’re punished for doing the right thing, the whole system collapses. Culture eats policy for breakfast—if management cares more about reputation than safety, harassment will stay “part of the culture.”

The fix? Move beyond lip service. Real protections. Practical training. Visible consequences.

Action Items

1. Audit Complaint Processes - Check if your mechanisms are trusted and transparent. If not, overhaul them fast.

2. Ditch Generic Training - Replace “tick-the-box” modules with practical, scenario-based sessions. Involve leadership and make accountability crystal clear.

3. Protect Ethical Bystanders - Update policies to explicitly safeguard those who speak up under Respect@Work and WHS frameworks.

4. Show Zero Tolerance - Communicate it and back it up with visible consequences for offenders.

5. Monitor and Escalate - If behaviour only stops temporarily, escalate. Don’t let patterns slide.

6. Get Leadership on Board - Without top-down commitment, nothing sticks. Senior leaders must champion these changes.

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