FWC recently put workplaces on notice (John Tamaliunas v Alcoa of Australia Limited [2024] FWC 779) that there was now both a higher legal and community expectation regarding sexual harassment in throwing out an unfair dismissal claim of a worker with nearly 20 years service who groped a female colleague.
Binet DP said “The media coverage and social discourse in relation these issues has been extensive, placing those in Australian workplaces on notice that their behaviour will attract greater scrutiny and face higher standards than in the past”
Our take
We welcome the ongoing endorsement and reinforcement of current expectations by an increasing number of courts and tribunals in this area. We understand the need to continue to train and educate as part of the continued effort to eliminate this behaviour and make it clear that sexual harassment and sexism it is not only unacceptable but will not be tolerated.
Action items
introduce more real-life case studies into your sexual harassment training
encourage your workers to genuinely discuss “what is” and “what is not” acceptable in 2024
don’t look for the ‘gotcha’ events proactively prevent offending behaviours before they become an unwanted part of culture or a contested dispute
implement the above initiatives throughout your organisation
Edge Legal
Relationships. Respect. Results
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