30th March 2023
30th March 2023
Workplace harassment is a serious issue that affects many Australian employees.
The impact of workplace harassment on individuals can be severe, with victims often experiencing anxiety, depression, and other mental health issues. The impact on productivity can also be significant, with harassed employees experiencing reduced engagement, increased absenteeism, and decreased job satisfaction. Furthermore, the economic cost of workplace harassment can be significant, with businesses facing increased turnover, legal costs, and reputational damage.
According to a 2022 survey conducted by the Australian Human Rights Commission, 19% of respondents reported experiencing some form of workplace sexual harassment in the past year, and 33% of respondents reported experiencing it in the past 5 years. This does not take into account other forms of (non-sexual) workplace harassment such as racial discrimination, bullying, cyberbullying, age based harassment or disability based harassment. Nevertheless, these numbers suggest that workplace harassment is a widespread problem that affects people from all walks of life.
The purpose of this article is to provide practical tips for Australian employers and employees on how to deal with harassment at work, in accordance with Australian law. It is important for employers to understand their obligations and best practices to follow, and it is important for employees to be aware of their rights and responsibilities when it comes to workplace harassment. By having a clear understanding of what constitutes harassment, the types of harassment that exist, and the legal protections available, both employers and employees can take proactive steps to prevent and respond to harassment in the workplace.
In the following sections, we will explore what constitutes workplace harassment under Australian law, the different types of harassment, legal protections available to employees, and practical steps that can be taken to prevent and respond to harassment at work. By providing this information, we hope to empower employees to create a safer and more respectful workplace for all.
Workplace harassment is a serious issue that can have a significant impact on an individual's physical and emotional well-being, as well as their ability to work effectively.
* According to Australian law, workplace harassment refers to any unwelcome behavior that is offensive, intimidating, humiliating, or threatening to an individual in the workplace.
The Australian Human Rights Commission defines workplace harassment as any behavior that a reasonable person would expect to offend, humiliate, or intimidate someone. This can include verbal abuse, physical assault, unwanted sexual advances, and other forms of discriminatory behavior.
Workplace harassment can take many different forms, and it is important to understand the unique features of each type of harassment in order to recognise and prevent it. In this section, we will explore some of the most common types of workplace harassment.
Sexual harassment is a form of workplace harassment that involves unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This can include anything from lewd comments or jokes to physical touching or assault.
Sexual harassment can be particularly damaging, as it can leave individuals feeling violated, humiliated, and powerless. It can also have a negative impact on workplace culture, leading to low morale, decreased productivity, and increased turnover.
Racial harassment is a form of workplace harassment that involves treating someone differently or unfairly based on their race or ethnicity. This can include making derogatory comments or jokes, excluding someone from work-related activities or opportunities, or providing unequal access to resources or training.
Racial harassment can be especially damaging, as it can create a hostile and unwelcoming work environment. It can also have a negative impact on productivity, as individuals who experience racial harassment may feel less motivated to perform their job duties.
Bullying is a form of workplace harassment that involves repeated and unreasonable behavior that creates a risk to health and safety. This can include verbal abuse, intimidation, exclusion from work-related activities or opportunities, or even physical assault.
Bullying can have a significant impact on an individual's physical and emotional well-being, leading to stress, anxiety, and other health problems. It can also lead to decreased productivity and increased turnover, as individuals who experience bullying may feel less engaged and motivated in their work.
This involves the use of technology to harass, intimidate, or threaten someone in the workplace. Examples of cyberbullying may include sending threatening or abusive messages via email or social media, or posting derogatory comments about someone online.
This involves the repeated and unwanted pursuit or contact with someone in the workplace. Examples of stalking may include following someone home from work or repeatedly calling or texting them outside of work hours.
Age harassment is a form of workplace harassment that involves treating someone differently or unfairly based on their age. This can include making derogatory comments or jokes about an individual's age, excluding them from work-related activities or opportunities, or providing unequal access to resources or training.
Age harassment can be particularly damaging, as it can make individuals feel undervalued and disrespected in the workplace. It can also have a negative impact on productivity, as older workers may feel less motivated to perform their job duties.
Disability harassment is a form of workplace harassment that involves treating someone differently or unfairly based on their disability. This can include making derogatory comments or jokes, excluding them from work-related activities or opportunities, or providing unequal access to resources or training.
Disability harassment can be especially damaging, as it can make individuals feel isolated and discriminated against in the workplace. It can also have a negative impact on productivity, as individuals with disabilities may feel less motivated to perform their job duties.
It is important to note that harassment can take many different forms and can be directed towards anyone, regardless of their position or seniority in the workplace. Harassment can also occur between employees, as well as between an employee and a supervisor or manager.
If you believe that you have experienced workplace harassment, it is important to seek support and take action. This may involve speaking up to the person who is harassing you, making a formal complaint to your employer or HR representative (using our Letter about Workplace Harassment), or seeking legal advice.
In the next section, we will explore the legal protections available to employees who have experienced workplace harassment.
Employees in Australia have legal protections against workplace harassment, and it is important to understand these protections in order to prevent and address harassment in the workplace. In this section, we will explore the legal framework that governs workplace harassment in Australia.
The Sex Discrimination Act 1984 (Cth) is a federal law that prohibits discrimination on the basis of sex, sexual orientation, gender identity, and intersex status. It also prohibits sexual harassment in the workplace.
Under this law, employees have the right to work in an environment that is free from sexual harassment. Employers have a duty to take reasonable steps to prevent sexual harassment from occurring, and can be held liable for the actions of their employees.
The Fair Work Act 2009 (Cth) is another federal law that governs workplace relations in Australia. It provides employees with a range of workplace protections, including the right to be free from discrimination and harassment.
Under this law, employees have the right to make a complaint about workplace harassment, and cannot be victimised or penalised for doing so. Employers have a duty to take complaints of workplace harassment seriously, and to investigate them promptly and impartially.
The Work Health and Safety Act 2011 (Cth) and the Work Health and Safety Regulations 2011 (Cth) as well as state and territory based work health and safety laws and regulations are also relevant to workplace harassment. These work health and safety laws ('WHS laws') apply to all employers and workers in Australia, and aim to protect the health, safety and welfare of all workers. Under WHS laws, employers have a duty of care to provide a safe and healthy workplace for their employees, which includes protecting them from workplace harassment. Failure to do so can result in fines and legal action.
Under the WHS laws, workers also have a duty to take reasonable care for their own health and safety, and to not adversely affect the health and safety of others. This includes reporting any incidents of workplace harassment or bullying to their employer or relevant authority.
The Australian Human Rights Commission is an independent statutory body that is responsible for promoting and protecting human rights in Australia. It has the power to investigate complaints of workplace harassment, and can provide conciliation services to help resolve disputes between employees and employers.
If an employee believes that they have been harassed in the workplace, they can make a complaint to the Australian Human Rights Commission. The Commission will investigate the complaint and provide a report to the parties involved. If the complaint cannot be resolved through conciliation, the employee may be able to take legal action in the Federal Court or the Federal Circuit Court.
It is important for employees to know their legal rights and protections when it comes to workplace harassment. By understanding these rights and protections, employees can feel empowered to speak out against harassment and to take action to protect themselves and their colleagues.
If an employee in Australia is experiencing harassment at work, there are several actions they can take to address the situation. These actions may include:
Employers have a legal obligation to provide a safe and healthy workplace for their employees. This includes protecting employees from workplace harassment. As an employer, it is important to understand the different types of workplace harassment, the potential risks to employees, and how to respond to complaints of harassment.
First and foremost, employers should have clear policies and procedures in place to prevent and address workplace harassment. This may include a Discrimination Policy, Employee Handbook, Workplace Health and Safety Policyand Social Media Policy, among others. These documents should clearly outline what constitutes harassment in the workplace, the consequences for engaging in such behavior, and the steps employees can take if they experience or witness harassment.
If an employer receives a Letter about Workplace Harassment from an employee, it is important to take the complaint seriously and respond promptly. Employers should investigate any allegations of harassment in a fair and impartial manner, following the procedures outlined in their workplace policies. This may involve conducting interviews with the complainant, the alleged harasser, and any witnesses, as well as gathering any relevant evidence.
It is important for employers to maintain confidentiality throughout the investigation process and to take steps to protect the complainant from any further harassment or victimisation. Employers should also provide support and resources to employees who have experienced harassment, such as counseling services or referrals to external support organisations.
If an investigation determines that harassment has occurred, employers should take appropriate disciplinary action against the perpetrator, which may include counseling, training, suspension, termination, or legal action.
* In conclusion, workplace harassment is a serious issue that can have a significant impact on employees' well-being, productivity, and job satisfaction. Employers have a responsibility to prevent and address harassment in the workplace, and should take proactive steps to create a safe and respectful workplace culture.
By having clear policies and procedures in place, responding promptly and appropriately to complaints of harassment, and providing support to employees who have experienced harassment, employers can help to create a positive and inclusive workplace environment.
In conclusion, workplace harassment is a pervasive issue that can have serious consequences for individuals and organisations. It is important for employers to be aware of their obligations, and employees to be aware of their rights (and obligations) so that both parties are able to appropriately deal with any harassment in the workplace. This article has outlined what constitutes workplace harassment in Australia, the different types of harassment, and the legal protections available to employees.
It is important to take a proactive approach to prevent workplace harassment and create a safe and respectful workplace for all employees. By taking action to address and prevent workplace harassment, we can ensure that everyone feels valued and respected in the workplace.