Workplace Sexual Harassment Conference

ADNSW perspective - on preventing workplace sexual harassment and managing complaints

• Approaches to preventing
• Role of community education and awareness in prevention
• Best approaches for resolving complaints

Online: Sally Dews, Conciliation Officer, Anti-Discrimination NSW
Elizabeth Wing, Executive Manager, Anti-Discrimination NSW

LEGAL FRAMEWORK FOR SEXUAL HARASSMENT

What is the law in relation to workplace sexual harassment

• Sex Discrimination Act 1984 (SDA) – definition of sexual harassment, prohibited areas of public life such as employment, vicarious liability and remedies.
• Key statistics
• Jurisdiction options for harassment claim – state or Commonwealth Sex Discrimination Act 1984, and practice and procedure
• Recent case developments
• Proposed changes to Sex Discrimination Act 1984 (Cth) arising from Respect@Work Report.

Online: Mia Pantechis, Principal Lawyer, Maurice Blackburn

WHS laws and how to reduce the risk of workplace sexual harassment

Sexual harassment is a workplace hazard that causes psychological and physical harm, managing the risks of sexual harassment should be part of your approach to work health and safety

• What are workers and employers’ obligations and duties under WHS Act
• Commonwealth Work Health and Safety Act 2011 (WHS Act) and state jurisdiction
• New WHS guidance material on preventing workplace sexual harassment and workplace violence
• Issues in workers compensation for WHS claims relating to sexual harassment
• How to set up systems to identify and assessing risk factors for sexual harassment

Online: Cameron Hannebery, Special Counsel, Lander & Rogers

PROCEDURES & POLICIES

Whole-of-organisations approach to prevent and manage workplace sexual harassment

Online: Victor Sojo, Senior Lecturer in Leadership, Department of Management and Marketing, Faculty of Business and Economics, The University of Melbourne

Implementing a diversity and inclusion strategy to prevent sexual harassment

• What is our individual and collective responsibility to prevent workplace harassment?
• Speaking up and speaking out – How do we start the conversation and create an inclusive and safe environment where people feel psychologically safe to speak?
• How can we leverage strong and inclusive leadership to drive change and cultural reform?

Online: Sam Turner, Managing Director, Inclusion

Practical session to cover managing the sexual harassment complaints and incidents including investigations

• How to manage an incident and what preventative measures need to be introduced
• Procedures to be followed when a complaint is made
• Internal and external complainants
• Informal and formal complaints
• How to investigate a sexual harassment complaint – particular issues to consider
• How to act fairly to the alleged victim and alleged perpetrator
• What happens when the investigation is concluded?

Online: Brett Feltham, Partner, Gadens

Termination and other disciplinary actions following sexual harassment incident

• Clarifying when sexual harassment can be conduct amounting to a valid reason for dismissal
• Implications of the definition of ‘serious misconduct’ in FWA to include sexual harassment
• Other disciplinary options other than termination of employment
• Termination of employment for sexual harassment conduct

Online: Fay Calderone, Partner, Hall & Wilcox

Preventing sexual harassment with a new approach to transparency and non-disclosure agreements

Sexual harassment is front and centre a safety issue. The risk lens which boards and senior management respond to SH needs a refocus. There is growing demands on government to amend legislation to impose a positive duty at federal level to prevent sexual harassment on employers. The priority is to expand from minimising reputational damage and legal liability to creating a culture and systems which ensure a physically and psychologically safe workplace. Changing the approach of organisations to transparency and confidentiality, and transforming traditional non-disclosure agreements, is fundamental to systemically preventing sexual harassment.

• The importance of the Champions of Change Coalition's confidentiality and transparency principles to creating a culture that prevents sexual harassment and fulfils an organisation's duty of care to its people
• Why we should change traditional non-disclosure agreements and what a new form NDA could look like
• Recommendations from the Respect@Work report, the Victorian Equal Opportunity and Human Rights Commission, and the UK in relation to NDAs.

Online: Briony Pole, Special Counsel, MinterEllison

Panel discussion: Respect@Work recommendations and implications

National Inquiry into Sexual Harassment in Australian Workplaces recommendations
The landmark Respect@Work report 2020 has made 55 recommendations aimed at shifting from a complaints-based system that puts a heavy burden on victims to one where employers must proactively stamp out sexual harassment and create safe workplaces.

• What are the major recommendations?
• Potential legislative changes
• Government and employers’ response to Respect@Work report

Online: Moderator: Tim McDonald, Partner, McCabe Curwood
Panel members: Nerida Jessup, Special Counsel, Herbert Smith Freehills
Lucy Boyd, Senior Associate, Herbert Smith Freehills