Respect@Work Act: New positive duty for managers in Australia

Sexual harassment in the workplace is a serious issue that affects one in four workers in Australia. To address this issue, the Respect@Work Act was introduced to impose new responsibilities on managers and employers in the country, making it mandatory for them to take steps to prevent harassment in their workplace.

The Respect@Work Act

The Respect@Work Act was introduced in response to the Australian Human Rights Commission’s Respect@Work Report, which found that one in four Australian workers experience sexual harassment in their workplaces. The act defines sexual harassment as any unwanted or offensive behaviour of a sexual nature that is unwelcome and creates a risk to health and safety.

Imposed Responsibilities for Managers

The Respect@Work Act impacts all managers within Australia and imposes new responsibilities, including the positive duty to take steps to prevent sexual harassment in the workplace. The positive duty requires employers and managers to take proactive measures to ensure that the workplace is free from sexual harassment.

The positive duty represents a significant change from the previous approach to sexual harassment, which relied on employees to make a complaint before any action was taken. The positive duty now requires employers and managers to take proactive steps to prevent harassment, including educating employees about what constitutes harassment, providing multiple channels for reporting incidents, and taking appropriate action when harassment is reported.

New Requirements for Managers

• Support for Complainants: The positive duty also requires employers and managers to provide a safe and supportive environment for employees who make a complaint about sexual harassment. This includes providing confidential support, conducting prompt and fair investigations, and taking appropriate disciplinary action against those who violate the policy.
• Preventive Measures: The Respect@Work Act requires employers to take proactive measures to prevent sexual harassment, such as developing anti-harassment policies, providing regular training and education programs, and establishing reporting channels. Managers are responsible for ensuring that these measures are in place and effectively implemented to maintain a workplace free from harassment.
• Responding to Reports: The Respect@Work Act requires employers to respond promptly and fairly to any reports of harassment, including conducting investigations, taking appropriate disciplinary action, and providing support for employees who have experienced harassment. Managers are responsible for ensuring that all reports are handled confidentially and impartially.
• Employee Complaints and Legal Action: Employees who experience harassment or discrimination may file complaints with the Australian Human Rights Commission, leading to investigation and potential legal action.
• Promoting Positive Culture: The Respect@Work Act promotes a positive workplace culture by fostering respect and equality and encouraging employees to speak up if they witness or experience harassment. Managers play a crucial role in promoting this positive culture and ensuring employees feel comfortable reporting incidents.

Consequences of Non-compliance

• Legal Liability: Employers who fail to comply with the?Respect@Work?Act may be held liable for any incidents of harassment or discrimination that occur in the workplace, leading to financial penalties and damages awarded to affected employees.
• Job Loss and Reputation Damage: A failure to comply with the laws could result in negative publicity and damage to an employer’s reputation, leading to a loss of business, loss of job and difficulty in attracting and retaining employees.
• Employee Complaints and Legal Action: Employees who experience harassment or discrimination may file complaints with the Australian Human Rights Commission, leading to investigation and potential legal action.
• Loss of Productivity: Harassment and discrimination can create a hostile work environment, leading to employee dissatisfaction and loss of productivity.

To recap

The Respect@Work Act imposes important responsibilities on managers and employers in Australia to prevent sexual harassment, respond to reports promptly and fairly, and promote a positive workplace culture. Failure to comply with the act can result in financial penalties and damage to the organization’s reputation. It is crucial for managers to take these responsibilities seriously and ensure their workplace is free from harassment.

You can learn more about the legislation and further recommendations on the Respect@Work website or watch our on-demand webinar to hear more about the new changes, preventive measures you can start implementing and more.

To discuss any aspect of this new legislation or any other compliance topic, please book an appointment today with one of our experienced compliance consultants.?