New Provisions: Employers Obligations & Preventing Sexual Harassment
May 14, 2023Now in effect!
Following recent amendments to legislation, we have seen the introduction of a prohibition against sexual harassment in the workplace. There is now pressure on employers to eliminate sexual harassment and maintain safe workspaces for all employees, effective from the 6th of March 2023.
These new provisions will now protect the following:
- Current workers (including employees, contractors, work experience students and volunteers)
- Future workers, and
- People conducting a business or undertaking
What does this mean for employees?
- If an employee is found to have been sexually harassed within their workplace, the employee will be able to seek damages in the same manner as the general protections jurisdiction.
- Employees have a 24-month period after the alleged incident to file an application (however, this only relates to conduct that occurs after 6th March 2023).
Watch out employers!
If a company is unable to prove that they took all reasonable steps to prevent the alleged sexual harassment claim, they too will be liable for any potential damages.
Is your workplace ready?
When was the last time you reviewed your company's policies or conducted training workshops for your employees?
If you can't remember, then that's where the Employii team steps in!
We're here to help. If you want to have your policies reviewed to ensure they are meeting the newly introduced legislative requirements, reach out to our team at ([email protected])!
To stay up to date, check out the Fair Work Ombudsman website (here).
If someone you know is experiencing or is at risk of experiencing any form of sexual harassment or assault, call 1800RESPECT (1800 737 732) or visit 1800RESPECT.org.au.
Author: Chelsea Finlay (HR Officer)
