Topic
17 articles from our Tips & Trends archive.
In the first published decision under the Fair Work Act’s new sexual harassment provisions, a café manager has been ordered to pay a young worker $90,000 following a serious incident of workplace sexual harassment. The ruling provides an early indication of how courts will approach remedies under the 2023 reforms, particularly where power imbalances and worker vulnerability are present.
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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.
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ACT Work Health and Safety Commissioner Jacqueline Agius recently emphasised that every employer should assume there is a risk of workplace sexual harassment and must have procedures in place to prevent and manage it.
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FWC recently in Courtney Sewell v dnata Airport Services Pty Limited [2025] FWC 2823 found that serious flaws in dnata’s handling of a sexual harassment complaint—combined with its refusal to adjust rosters – left the employee with no choice but to resign. The employee reported that a male colleague made inappropriate comments about her wearing a hijab and mini skirt to a social event, which made her feel extremely uncomfortable. She followed internal channels to report the incident, but the investigation process quickly began to unravel.
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In WorkSafe v Indimax Production Pty Ltd, Melbourne Magistrates Court, 24 September 2025 the Court convicted and fined a video production company for failing to implement safeguards against sexual harassment. The employer was prosecuted under s 21(1) of the Occupational Health and Safety Act 2004 (Vic) for failing to maintain a safe workplace and was fined $40,000, while its Director was personally fined $15,000.
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In Magar v Khan [2025] FCA 874, the Federal Court has, for the first time, considered the scope of sex-based harassment under section 28AA of the Sex Discrimination Act 1984 (Cth).
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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.
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A recent NSW district court decision (SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74) has imposed fines and costs totalling $440,000 after employees were subject to sexualised and aggressive behaviour in a community-based residential home program.
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Bullying has tended to have taken a bit of a ‘back seat’ following all the recent publicity around the Respect@Work changes. Nonetheless, it is a recognised psychosocial hazard and needs ongoing attention. Safety regulators have demonstrated that they will intervene from worker level (e.g. other employees, supervisors etc) right up to officer level (e.g. senior managers, company directors etc).
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Christmas is a great time of year but unfortunately, work functions can be fertile ground for incidents that lead to not only WHS claims but also: sexual harassment, sex based harassment, hostile work environment, sex discrimination, victimisation (collectively the Respect@Work obligations), plus bullying, adverse action, unfair dismissal, and privacy claims as well. With the introduction of the new positive duty for the Respect@Work obligations, employers now have multiple proactive and preventative obligations to ensure that Christmas functions are safe for their employees and others who attend (eg clients, customers, food and beverage staff etc).
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The Australian Human Rights Commission (AHRC) recently published its Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) to demonstrate to Employers how to practically comply with its new obligations.
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Just like the more general obligation to take positive steps to address psychosocial risks a number of jurisdictions have ‘followed suit’ by applying a positive duty in regard to sexual harassment. We expect this approach will be mirrored across all Australian jurisdictions and encourage employers to act now and commence processes and practices which proactively address this inevitable change.
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Many employers will notice an increase in Safety Regulators focusing their WHS campaigns on Sexual Harassment, Gendered Violence and Sex Based Harassment this year following on from the Jenkins Report, the Federal Government’s commitment to implement all recommendations and a clearer recognition that all such issues are serious hazards that can cause physical and psychological harm in the workplace.
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The High Court recently handed down its decision in Kozarov v Victoria [2022] HCA 12, in which it made clear that employers have a duty to safeguard their employees from work-related mental harm - even in circumstances where there is a vicarious trauma policy in place.
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The damages awarded to applicant’s who successfully establish sexual harassment in the workplace are substantial, and rapidly rising.
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Mining giant, Rio Tinto, has been urged by FWC to conduct a ‘proper’ investigation into what appeared to FWC to be the sexual harassment of a former employee after a wave of sexual harassment and assault allegations coming to the forefront at remote mining sites.
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As we have discussed in previous Edge updates, sexual harassment claims are becoming increasingly common in workplaces across Australia.
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