Hammering home that sexual harassment not tolerated

Sexual harassment not tolerated

March 11, 2016

Last week it was reported that a Bunnings Warehouse (Bunnings) in Melbourne took the unusual step of banning customers (certain tradesmen) from its store for harassing female employees.

Last week it was reported that a Bunnings Warehouse (Bunnings) in Melbourne took the unusual step of banning customers (certain tradesmen) from its store for harassing female employees.

The employee lodged a complaint to store management that some tradesmen who were customers at the store had acted in a sexist manner toward her. In response, store management acted by banning the tradesmen from shopping at the store.

The action by Bunnings is encouraging in a number of respects:

The employee who lodged the complaint actually feared that she would lose her job, but instead, Bunnings treated the complaints seriously and without reprisal.

Bunnings has sent a clear message to its employees and the community of customers that it is a workplace that does not tolerate sexual harassment of its employees.

The Sex Discrimination Act 1984 (Cth) (SD Act) provides that it is unlawful for a person to sexually harass an employee in their workplace. Employers also have the obligation under work health and safety legislation to provide and ensure a safe workplace to all employees.

As a matter of best practice, some of the ways that employers can comply with the SD Act and prevent sexual harassment in the workplace is through adopting a Code of Conduct about standards of behaviour, implementing an anti-discrimination and harassment policy, with clearly defined options for responding to complaints and rolling out regular anti-discrimination training. In terms of dealing with customers, Bunnings has shown the way with a firm approach to conduct that will not be accepted in their premises.

Information provided in this blog is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.

Employer’s “tick and flick” training on workplace policies rendered dismissal unfair

Not just the what, but also the why

When relying on a workplace policy as grounds for dismissal, employers must be able to clearly demonstrate that the employee is aware of the policy and has undergone meaningful training on the policy.

December 10, 2024

Blogs

Employer found liable for workers compensation despite worker’s unreasonable perceptions

Fact or fiction

A recent decision of the New South Wales Personal Injury Commission serves as a reminder of the differing standards of proof when determining liability for claims of bullying and/or harassment under workers compensation laws and the Fair Work Act 2009 (Cth).

March 18, 2024

Blogs

The importance of making policies accessible and easy to understand

Tell me in layman’s terms

Drafting workplace policies and procedures can be a daunting exercise – it requires a careful balance of including (or omitting) information that is necessary from a legal standpoint, whilst still remaining easy to understand and follow for employees.

March 27, 2023

FWC finds employer’s assumptions about employee’s capacity rendered dismissal unfair

You need to chill out

If an employer is questioning the capacity of an ill or injured worker’s ability to fulfil the inherent requirements of their position, they may consider testing the legitimacy of an employee’s prognoses and medical advice. In these circumstances, the employer should be aware of their obligations to the employee and the potential consequences of failing to satisfy them.

March 27, 2025

Blogs

FWC finds dismissal harsh and unreasonable given employer’s communication blunder of policy changes

Sliding into your DM’s

It is best practice for employers to ensure that their policies and procedures are properly communicated and understood by employees, especially in circumstances where the policy relates to important topics such as the health and safety of employees.

March 27, 2025

Blogs

Poor redundancy process results in successful workers compensation claim

Coffee catastrophe

There are a number of legal obligations and risks that an employer must consider when implementing any form of disciplinary or dismissal process. These are not limited to claims made under the Fair Work Act 2009 (Cth) but can also include the risk of claims made under anti-discrimination or workers compensation legislation.

March 13, 2025

Resources: Blogs

Sexual harassment not tolerated