Do you know your obligations?
Changes to Work Health and Safety legislation and new Respect at Work legislation in Australia have significantly increased employer responsibilities regarding workplace sexual harassment and discrimination.
Legislation now requires employers in all businesses to shift from a reactive response to take proactive steps to prevent harm to their employee’s mental health, including actively preventing sexual harassment, discrimination, bullying and other psychosocial hazards.
However, recent data highlights that many employers still fall short of meeting their obligations:
Safe Work Australia’s Key Work Health and Safety Statistics for 2024 show that:
- mental health conditions now account for 11% of all serious workers’ compensation claims.
- time lost from work in these cases is more than 5 times higher than other injuries and diseases.
A survey by Our Watch reveals some alarming gaps in workplace awareness:
- 40% of workplace leaders are unaware of their legal obligations.
- Only 76% realise what is classified as sexual harassment, indicating a need for better education and action.
Data from the Workplace Gender Equality Agency (WGEA) also indicates that while 99% of employers have formal policies, 28% are not monitoring incidents of sexual harassment.
The SpeakingOut@Work report, commissioned by Australia’s National Research Organisation for Women’s Safety (ANROWS), has found:
- 77% of LGBTQ young people surveyed reported experiencing workplace sexual harassment, often directly tied to their LGBTQ identities.
- 70% of LGBTQ young people experienced behaviours they felt were inappropriate, unwelcome, and targeted based on their sex, gender, or sexuality, but were unsure if these constituted sexual harassment under the law.
The above statistics highlight that, although the work health and safety legislation and Respect@Work reforms have been in place for some time and apply to all businesses, more action needs to be taken by employers.
Why take action?
To ensure your organisation does not become part of the statistics reflecting poor workplace culture and to avoid potential claims, it is critical to assess your risk and take appropriate action.
Legal Ramifications of Non-Compliance
Should your organisation be in breach of workplace health and safety laws, significant penalties may apply. Breaches of anti-discrimination and workplace harassment laws can result in claims, substantial fines, legal fees, and damage to your organisation’s reputation.
Employees who experience harassment or discrimination could lodge workplace complaints, leading to investigations and potential legal action. In some cases, unresolved or mishandled complaints may escalate to tribunal or court proceedings, where damages awarded to employees and associated legal costs can be substantial.
In addition, a failure to address these issues can harm your brand, reduce employee morale, and increase turnover, further impacting your organisation’s bottom line.
The Importance of Respect in the Workplace
Creating a safe and respectful workplace is not just about avoiding legal or financial ramifications—it’s about fostering a positive culture where employees feel valued, safe, and empowered. Organisations which have taken proactive measures to prevent discrimination and harassment and to build a supportive workplace are more likely to attract and retain top talent, build better team collaboration, and boost overall performance.
By addressing any gaps and prioritising inclusivity, employers can meet their legal obligations while fostering a workplace culture of respect, safety, and equality.
Practical Steps for Small Businesses to comply with the new Work Health and Safety and Respect@Work Legislation
If you have not yet taken essential steps, such as updating your policies and providing training to your staff following the changes, your employees and business may be at risk. To learn more about the steps your business can take to comply with the new work health and safety and Respect@Work legislation please read our previous article by clicking here.
Need assistance?
At Allan Hall HR, we have a team of experienced HR consultants who can support your business with meeting its compliance obligations and assist to create a positive workplace culture. To learn more about our services, please click here. Alternatively, please feel free to call us on 1300 916 764 or contact us here to discuss any questions you may have.
HR Support Centre Demo
We invite all our clients to explore our complimentary HR Support Centre, designed to help you navigate your employee obligations and stay updated on legislative changes. This valuable resource offers ready-to-use HR templates, best practice guidance, checklists, and access to a vast library of articles on compliance and employee management. Book in a free demo today.