A closer look at the positive duty to prevent sexual harassment

The big occupational health and safety (OHS) news in Australia has been the release of the federal government’s response to the Respect@Work report on sexual harassment in Australian workplaces. And the biggest issue in that response seems to be the government’s lack of enthusiasm for a major recommendation of Sex Discrimination Commissioner Kate Jenkins, the …

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‘No Bystanders Rule’​ Bullshit

Guest Post by Dr Rebecca Michalak About couple of weeks ago, the Australian Financial Review (AFR) featured a piece on a law firm that had introduced a mandatory approach to reporting sexual harassment – referred to as a ‘no bystanders’ rule.  To be clear upfront, here is my disclaimer – I am not directly commenting … Continue reading “‘No Bystanders Rule’​ Bullshit”

A respect at work council is not enough

Australian discussions about workplace bullying and sexual harassment at the moment is in a mess indicating that insufficient work has been spent on clarifying what these terms mean, how the consequences are managed and whether the harm can be prevented. In Parliamentary debate on the 2020 Budget, the Liberal Party’s Sussan Ley, said: “The Morrison …

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Australians become impatient for change on sexual harassment

Victoria, perhaps, has the best chance of applying occupational health and safety (OHS) principles to the prevention of sexual harassment and the psychological harm that harassment can generate. In the wake of the sexual harassment allegations against former Justice Dyson Heydon, several reviews into the legal profession have been announced. Sexual harassment at work remains …

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