EEO Workshops
Definition of Discrimination
Franca mentioned that when going through the video library there were a few videos that said video unavailable – can you please find them and get them back up?
6 Easy to learn principles
Governor Andrew Cuomo’s resignation speech is the perfect example of why people sometimes accidentally cross the line and say and do things that are inappropriate and unlawful.
Our Dobbing Culture
Workplace culture is just the collection of all the things we say and do at work. When you see a colleague do something inappropriate in the workplace, it is both for that colleagues’ benefit and for the benefit of the workplace as a whole that you do something about it.
Power Imbalance
As sexual harassment allegations continue to flow out of parliament, we look at a key factor involved in many sexual harassment cases, power imbalance.
Larrikin or Larry Can’t?
This play explores why good people sometimes get it wrong and cross the line into sexual harassment.
Workplace Banter
When is banter just banter and ok and when does it cross the line into bullying? A great question which Franca answers in the video below.
EEO Workshops
We love working with our partner The Experience Lab to deliver content which is both engaging and interactive. Watch this video to find out more.
Principles of EEO Workshops – Video 1
In our EEO workshops, Franca teaches 5 over-arching principles, the first of which she discusses in this video. Stay tuned for a 2nd video which discusses the other 4 principles.
Principles of EEO Workshops – Video 2
In this second video, Franca discussed the remaining 4 principles she covers when conducting EEO workshops.
Fact-Story Looping
In this video, Franca explains what Fact-Story Looping is. Watch here to find out more.
How to Stop the Fact – Story Looping
Franca gives you 4 options of what you can do to avoid the fact-story looping.
Having a Repair Conversation
What do we do after the conversation we had with someone went badly? Listen how to have a repair conversation with the person
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 20 November 2023 – 26 November 2023
AHRC Hosts Positive Duty Webinar It’s only two weeks out from when the powers of the AHRC and their positive duty are live on the 12th December 2023. This webinar hosted by the AHRC is a great opportunity to hear what powers the Commission have, how they will use them and how a workplace can be compliant. Students Reject Apology Over Antisemitic Bullying at Melbourne School Two students have rejected an apology by the education department after being subjected to antisemitic bullying. Former students at Brighton Secondary College, Joel and Matt Kaplan, Liam Arnold-Levy, Guy Cohen and Zack Snelling took the state, the school, two teachers and the principal to trial last year. In September this year, Chief Justice Mortimer found that the students “were not protected from bullying, discrimination […]
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 13 November 2023 – 19 November 2023
Cost Reforms Introduced to Better Protect Applicants in Discrimination Matters On Wednesday this week, the Albanese Government introduced the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023. The bill would implement the Government’s response to Recommendation 25 of the Respect@Work report. The report had previously found that applicants were “often deterred from proceeding to court with sexual harassment matters because of the risk of having to pay a respondent’s costs.” However, by preventing a court from ordering an applicant to pay a respondent’s costs other than in certain circumstances, this Bill will remove a “significant barrier for those seeking justice through federal court proceedings for unlawful discrimination matters.” The Bill reflects the outcome of the analysis conducted by the Senate Legal and Constitutional Affairs Legislation Committee. University of Tasmania[…..]
General Library
Australian Human Rights Commission Set the Standard Report
Hot off the press is the Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces. You can hear more about this in my video blog.
Making Sense of The Respect@Work Changes
Franca talks through the various definitions and helps to make sense of the Respect@Work changes.
An Overview of the Respect@Work Act
Are you wondering what the Respect@work Act means for you from a compliance perspective? Franca answers your questions here.
Reactions to Workplace Issues
Franca shares some ideas on how to be an active participant in your workplace.
Respect At Work Bill
Good news! The Federal Respect At Work bill has now been passed by Parliament and is likely to come into effect in the next couple of weeks.
There is one part of the changes in legislation that I think is significant and fills a legal gap and that is sex based harassment. Watch the video to find out more.
Online Compliance Training
Online Module for Workplace Bullying
Online Module for Workplace Discrimination
Online Module for Workplace Sexual Harassment
Speech by The Honourable Justice Peter Quinlan Chief Justice of Western Australia
The recent speech of The Honourable Justice Peter Quinlan Chief Justice of Western Australia at an event of ours last week has left me feeling encouraged. There is a wave of change that is happening across Australia in relation to finally seeing and responding to sexual harassment.
Sexually Suggestive Poster
A recent case involving a sexually suggestive poster is one example of a shift I am seeing in Australia in relation to the way courts are addressing workplace sexual harassment.
BlueScope Steel Discrimination Exemption
I want to give a shout out to BlueScope Steel for going through the legal process to get a discrimination exemption which will allow it to prioritise the recruitment of female workers. With only 12% of its workforce female, it is wanting to proactively target the employment of women in an attempt to address previous historical practices and unconscious bias.
Training For Australian Parliaments
I have just read the tender documents for the training to be rolled out across Australian parliaments. I work in the space of behavioural change related to sexual harassment and bullying. I have spent 13 years in this space and I can tell you that a 1 hr, non-compulsory session to MP’s will achieve very little towards changing the culture in Parliament.
Risk Profile Tool
If you want to be proactive in addressing possible sexual harassment issues in your workplace and be involved in partnering with us to change behaviours for the better, then contact Franca to find out more about our 10 question Risk Profile Tool.
Social Media Policy and Code of Conduct
Franca discusses how a recent case highlights the importance of employers having a detailed Social Media Policy and Code of Conduct.
Workers Compensation Claims
Franca discusses the new data from Safe Work Australia related to substantiated workers’ compensation claims involving mental stress.
AHRC Review
The Australian Human Rights Commission’s Independent Review into Commonwealth Parliamentary Workplaces is now open for submissions until 31 July 2021.
The Australian Legal Profession
Call to the Legal Profession to step up and become leaders in the area of best practice around eliminating workplace sexual harassment, bullying and discrimination.
Behaviour in Parliament
What will it take for Parliament specifically and workplaces generally to create an environment where they do care, you can tell and you will be supported.
Harmony Day
Harmony day was celebrated on 21st March. It coincides with the United Nations International Day for the Elimination of Racial Discrimination. A good time to pause and reflect on what harm racial discrimination has caused and each of our contribution to being the change.
Holding People To Account
If the motive for sexual harassment is about exerting power over another person, or based on a sense of entitlement that I can treat this person however I want, then this behaviour is harder to change through education alone and requires a workplace that lives out a zero tolerance approach through holding people to account.
Sharing Sexual Harassment Experiences
Most people don’t talk about their experiences of sexual harassment. Franca shares hers in the hope that those who don’t sexually harass others will realise what happens, those that have done it as a joke, realise humour doesn’t make it ok and those who have also experienced it feel like they can share their experiences.
Preventative Training
How to be proactive in managing your workplace behaviours.
Eliminating Sexual Harassment In The Workplace
The road to eliminating sexual harassment in the workplace begins with the recruiting process.
Latest Posts
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 20 November 2023 – 26 November 2023
AHRC Hosts Positive Duty Webinar It’s only two weeks out from when the powers of the AHRC and their positive duty are live on the 12th December 2023. This webinar hosted by the AHRC is a great opportunity to hear what powers the Commission have, how they will use them[…..]
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 13 November 2023 – 19 November 2023
Cost Reforms Introduced to Better Protect Applicants in Discrimination Matters On Wednesday this week, the Albanese Government introduced the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023. The bill would implement the Government’s response to Recommendation 25 of the Respect@Work report. The report had previously found that applicants were[…..]
Coaching
Creating a Support Network
It is so important to find and create your own support network, especially when you are wanting to implement change in your life.
Mood Framework
Our mood and emotions are a precursor to our actions. Listen to Franca explain that in more detail.
Shifting Moods
How can you shift yourself or someone else out of a destructive mood? Franca shares some insights from an Ontological Coaching perspective.
Latest Posts
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 20 November 2023 – 26 November 2023
AHRC Hosts Positive Duty Webinar It’s only two weeks out from when the powers of the AHRC and their positive duty are live on the 12th December 2023. This webinar hosted by the AHRC is a great opportunity to hear what powers the Commission have, how they will use them[…..]
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 13 November 2023 – 19 November 2023
Cost Reforms Introduced to Better Protect Applicants in Discrimination Matters On Wednesday this week, the Albanese Government introduced the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023. The bill would implement the Government’s response to Recommendation 25 of the Respect@Work report. The report had previously found that applicants were[…..]
Contact & Grievance Officers
Contact Officer – Video 1 – What the role of a Contact Officer is
What you can and can’t do as a Contact Officer.
Contact Officer – Video 2 – Informal vs formal
The 6 questions to assess the most suitable option for the complainant/organisation to take.
Contact Officer – Video 3 – What is the best option?
Narrowing down to one or two of the “best” options.
Contact Officer – Video 4 – I’ve Noticed Script
A script the complainant can use if they decide to approach the respondent.
Contact Officer – Video 5 – Structure of a conversation with a Complainant
Covering off the information necessary at the beginning, middle and end of the conversation with the complainant.
Contact officer – Video 6 – Speaking with the Respondent
Your role is to be available to speak to the respondent also.
Contact Officer – Video 7 – Natural Justice
The 4 over-arching principles of natural justice.
Workplace Contact and Grievance Officers
What is the difference between a workplace Contact Officer and a workplace Grievance Officer? Listen to Franca explain it here.
Grievance Officer vs an Investigator
What is the role of a grievance officer vs an investigator?
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 20 November 2023 – 26 November 2023
AHRC Hosts Positive Duty Webinar It’s only two weeks out from when the powers of the AHRC and their positive duty are live on the 12th December 2023. This webinar hosted by the AHRC is a great opportunity to hear what powers the Commission have, how they will use them and how a workplace can be compliant. Students Reject Apology Over Antisemitic Bullying at Melbourne School Two students have rejected an apology by the education department after being subjected to antisemitic bullying. Former students at Brighton Secondary College, Joel and Matt Kaplan, Liam Arnold-Levy, Guy Cohen and Zack Snelling took the state, the school, two teachers and the principal to trial last year. In September this year, Chief Justice Mortimer found that the students “were not protected from bullying, discrimination[…..]
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 13 November 2023 – 19 November 2023
Cost Reforms Introduced to Better Protect Applicants in Discrimination Matters On Wednesday this week, the Albanese Government introduced the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023. The bill would implement the Government’s response to Recommendation 25 of the Respect@Work report. The report had previously found that applicants were “often deterred from proceeding to court with sexual harassment matters because of the risk of having to pay a respondent’s costs.” However, by preventing a court from ordering an applicant to pay a respondent’s costs other than in certain circumstances, this Bill will remove a “significant barrier for those seeking justice through federal court proceedings for unlawful discrimination matters.” The Bill reflects the outcome of the analysis conducted by the Senate Legal and Constitutional Affairs Legislation Committee. University of Tasmania[…..]
Performance Management
Underperformance Management
Circles of Human-ness/Judgement.
Underperformance Management
Core Identity.
Underperformance Management
Delivering Bad News: How to Set up the Conversation for Success.
Underperformance Management
How to Have a Difficult Conversation Well.
Underperformance Management
Breathing: Breathe deeply, make yourself and the other person a cup of tea!
Underperformance Management
Nonverbal Techniques: Credible or Approachable.
Underperformance Management
From Doing Nothing to Firing- How do you work out which one to use?
Underperformance Management
Using the I’ve noticed script.
Underperformance Management
Ways of Escalating Informal Performance Management.
Underperformance Management
Legal Bits: Disability, Bullying and Unfair Dismissal.
Latest Posts
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 20 November 2023 – 26 November 2023
AHRC Hosts Positive Duty Webinar It’s only two weeks out from when the powers of the AHRC and their positive duty are live on the 12th December 2023. This webinar hosted by the AHRC is a great opportunity to hear what powers the Commission have, how they will use them[…..]
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 13 November 2023 – 19 November 2023
Cost Reforms Introduced to Better Protect Applicants in Discrimination Matters On Wednesday this week, the Albanese Government introduced the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023. The bill would implement the Government’s response to Recommendation 25 of the Respect@Work report. The report had previously found that applicants were[…..]
Managing Workplace Issues
Managing Complaints
A much better option to conducting a formal investigation is to train up managers and supervisors within a workplace to know how to detect and manage early on a problem between their staff so that it never gets to the point of a formal investigation.
Constructive Dismissal
A recent case in the Fair Work Commission reminds us about the possibility of constructive dismissal from an employee and what an employer can do to prevent it from being successful. You can listen in more detail to this on the video blog below.
A Position of Authority
The courts make it clear that people in a position of authority are role models within their workplace and the standard expected of them is higher than the standard of those not in a similar position. Secondly, where the behaviour comes from a person in a position of authority, there is an “implied” unwelcomeness.
If you feel your workplace could benefit from training in this area, contact us.
Curious Conversations
Having a non-judgemental, curious conversation with a member of staff when you notice a behaviour which was not up to standard.
Closing the Communication Loop
When a witness tells a manager that they have seen something inappropriate happen at work it is so important that a manager closes the communication loop with the witness- here’s how a manager can do this.
Grievance Management
Informal vs Formal Grievance Management: What is the difference?
How to Manage Workplace Issues
Some tips for people in a supervisory position on how to manage potentially inappropriate workplace behaviours.
Is it a “live” issue?
What do you need to find out from the complainant, in order to assess if the issue is a ‘live’ issue?
Informal Options
Informal options for managing workplace issues.
“Private” Conversations
How to avoid being stopped in the hallway to have a ‘private’ conversation with someone.
Limited Confidentiality
How does a manager let an employee know they may have to do something to stop someone acting inappropriately even if the employee doesn’t want them to?
Duty of Care
Duty of care always trumps confidentiality.
Complaint Management Policy and Procedure
Hear Franca explain why a detailed Complaint Management Policy and Procedure is essential for all workplaces.
Informal Options for Managing Workplace Issues
If only you knew how many informal options there are for managing workplace issues- listen and find out about them.
Duty of care always trumps confidentiality
What do you do when an employee comes to you and wants to tell you what is happening at work but as soon as you explain your duty of care requirements that shut down?
Types of factors that contribute to workplace issues
It’s important that when an employer is addressing a problem situation, they look at all the factors that contributed to the situation arising in order to come up with a wholistic solution to ensure the situation will not occur again.
Separating the person from the problem
You may have heard the concept- separate the person from the problem and focus on the problem. Watch Franca discuss the concept here.
The I’ve Noticed Script
One of the skills I teach employees to be able to do when they have a problem with a work colleague is to have a low level curious conversation with the colleague about their behaviour.
Appropriate Vulnerability
Listen to Franca discuss appropriate vulnerability and why she thinks it’s something important for managers to do with their employees.
Employer Responsibilities
Franca shares some advice for the upcoming end of year/Christmas functions.
Managing Workplace Issues – Video 1 – Proactively Tracking Employees
Tracking your staff on a weekly basis and being proactive in addressing any possible work related issues.
Managing Workplace Issues – Video 2 – When to act and what to do with answers
How to set up a conversation with the complainant.
Managing Workplace Issues – Video 3 – Options for managing workplace issues
When you are resolving a workplace issue you have a range of useful informal options available to you.
Managing Workplace Issues – Video 4 – Duty of Care Requirements
Mentioning duty of care requirements at the beginning of a conversation.
Managing Workplace Issues – Video 5 – Conversation with the Respondent
Structure for the things you would want to cover off with the respondent.
Managing Workplace Issues – Video 6 – Natural Justice
The 4 over-arching principles of natural justice.
Latest Posts
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 20 November 2023 – 26 November 2023
AHRC Hosts Positive Duty Webinar It’s only two weeks out from when the powers of the AHRC and their positive duty are live on the 12th December 2023. This webinar hosted by the AHRC is a great opportunity to hear what powers the Commission have, how they will use them[…..]
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 13 November 2023 – 19 November 2023
Cost Reforms Introduced to Better Protect Applicants in Discrimination Matters On Wednesday this week, the Albanese Government introduced the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023. The bill would implement the Government’s response to Recommendation 25 of the Respect@Work report. The report had previously found that applicants were[…..]
Video Library
Eliminating Sexual Harassment In The Workplace
The road to eliminating sexual harassment in the workplace begins with the recruiting process.
Preventative Training
How to be proactive in managing your workplace behaviours.
Sharing Sexual Harassment Experiences
Most people don’t talk about their experiences of sexual harassment. Franca shares hers in the hope that those who don’t sexually harass others will realise what happens, those that have done it as a joke, realise humour doesn’t make it ok and those who have also experienced it feel like they can share their experiences.
Holding People To Account
If the motive for sexual harassment is about exerting power over another person, or based on a sense of entitlement that I can treat this person however I want, then this behaviour is harder to change through education alone and requires a workplace that lives out a zero tolerance approach through holding people to account.
Harmony Day
Harmony day was celebrated on 21st March. It coincides with the United Nations International Day for the Elimination of Racial Discrimination. A good time to pause and reflect on what harm racial discrimination has caused and each of our contribution to being the change.
Behaviour in Parliament
What will it take for Parliament specifically and workplaces generally to create an environment where they do care, you can tell and you will be supported.
Underperformance Management
Circles of Human-ness/Judgement.
Underperformance Management
Core Identity.
Underperformance Management
Delivering Bad News: How to Set up the Conversation for Success.
Underperformance Management
How to Have a Difficult Conversation Well.
Underperformance Management
Breathing: Breathe deeply, make yourself and the other person a cup of tea!
Underperformance Management
Nonverbal Techniques: Credible or Approachable.
Underperformance Management
From Doing Nothing to Firing- How do you work out which one to use?
Underperformance Management
Using the I’ve noticed script.
Underperformance Management
Ways of Escalating Informal Performance Management.
Underperformance Management
Legal Bits: Disability, Bullying and Unfair Dismissal.
Managing Workplace Issues – Video 1 – Proactively Tracking Employees
Tracking your staff on a weekly basis and being proactive in addressing any possible work related issues.
Managing Workplace Issues – Video 2 – When to act and what to do with answers
How to set up a conversation with the complainant.
Managing Workplace Issues – Video 3 – Options for managing workplace issues
When you are resolving a workplace issue you have a range of useful informal options available to you.
Managing Workplace Issues – Video 4 – Duty of Care Requirements
Mentioning duty of care requirements at the beginning of a conversation.
Managing Workplace Issues – Video 5 – Conversation with the Respondent
Structure for the things you would want to cover off with the respondent.
Managing Workplace Issues – Video 6 – Natural Justice
The 4 over-arching principles of natural justice.
Employer Responsibilities
Franca shares some advice for the upcoming end of year/Christmas functions.
Having a Repair Conversation
What do we do after the conversation we had with someone went badly? Listen how to have a repair conversation with the person
Fact-Story Looping
In this video, Franca explains what Fact-Story Looping is. Watch here to find out more.
How to Stop the Fact – Story Looping
Franca gives you 4 options of what you can do to avoid the fact-story looping.
Principles of EEO Workshops – Video 1
In our EEO workshops, Franca teaches 5 over-arching principles, the first of which she discusses in this video. Stay tuned for a 2nd video which discusses the other 4 principles.
Principles of EEO Workshops – Video 2
In this second video, Franca discussed the remaining 4 principles she covers when conducting EEO workshops.
EEO Workshops
We love working with our partner The Experience Lab to deliver content which is both engaging and interactive. Watch this video to find out more.
Appropriate Vulnerability
Listen to Franca discuss appropriate vulnerability and why she thinks it’s something important for managers to do with their employees.
Workplace Banter
When is banter just banter and ok and when does it cross the line into bullying? A great question which Franca answers in the video below.
The I’ve Noticed Script
One of the skills I teach employees to be able to do when they have a problem with a work colleague is to have a low level curious conversation with the colleague about their behaviour.
Separating the person from the problem
You may have heard the concept- separate the person from the problem and focus on the problem. Watch Franca discuss the concept here.
Types of factors that contribute to workplace issues
It’s important that when an employer is addressing a problem situation, they look at all the factors that contributed to the situation arising in order to come up with a wholistic solution to ensure the situation will not occur again.
Duty of care always trumps confidentiality
What do you do when an employee comes to you and wants to tell you what is happening at work but as soon as you explain your duty of care requirements that shut down?
Complaint Management Policy and Procedure
Hear Franca explain why a detailed Complaint Management Policy and Procedure is essential for all workplaces.
Informal Options for Managing Workplace Issues
If only you knew how many informal options there are for managing workplace issues- listen and find out about them.
Limited Confidentiality
How does a manager let an employee know they may have to do something to stop someone acting inappropriately even if the employee doesn’t want them to?
Creating a Support Network
It is so important to find and create your own support network, especially when you are wanting to implement change in your life.
Duty of Care
Duty of care always trumps confidentiality.
Grievance Officer vs an Investigator
What is the role of a grievance officer vs an investigator?
Informal Options
Informal options for managing workplace issues.
“Private” Conversations
How to avoid being stopped in the hallway to have a ‘private’ conversation with someone.
The Australian Legal Profession
Call to the Legal Profession to step up and become leaders in the area of best practice around eliminating workplace sexual harassment, bullying and discrimination.
Is it a “live” issue?
What do you need to find out from the complainant, in order to assess if the issue is a ‘live’ issue?
How to Manage Workplace Issues
Some tips for people in a supervisory position on how to manage potentially inappropriate workplace behaviours.
Grievance Management
Informal vs Formal Grievance Management: What is the difference?
Workplace Contact and Grievance Officers
What is the difference between a workplace Contact Officer and a workplace Grievance Officer? Listen to Franca explain it here.
Closing the Communication Loop
When a witness tells a manager that they have seen something inappropriate happen at work it is so important that a manager closes the communication loop with the witness- here’s how a manager can do this.
Mood Framework
Our mood and emotions are a precursor to our actions. Listen to Franca explain that in more detail.
Shifting Moods
How can you shift yourself or someone else out of a destructive mood? Franca shares some insights from an Ontological Coaching perspective.
Latest Posts
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 20 November 2023 – 26 November 2023
AHRC Hosts Positive Duty Webinar It’s only two weeks out from when the powers of the AHRC and their positive duty are live on the 12th December 2023. This webinar hosted by the AHRC is a great opportunity to hear what powers the Commission have, how they will use them[…..]
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 13 November 2023 – 19 November 2023
Cost Reforms Introduced to Better Protect Applicants in Discrimination Matters On Wednesday this week, the Albanese Government introduced the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023. The bill would implement the Government’s response to Recommendation 25 of the Respect@Work report. The report had previously found that applicants were[…..]
Public Courses
Our next public courses in Perth are as follows:
Contact Officer Workshop
Date: 19th March 2024
Venue: TBC
Course Information »
Grievance Officer Workshop
Date: 16th April (Day 1), 23rd April 2024 (Day 2)
Venue: TBC
Course Information »
Grievance Officer Report Writing Workshop
Mailing List
To receive our regular updates, join our mailing list:
Latest Posts
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 20 November 2023 – 26 November 2023
AHRC Hosts Positive Duty Webinar It’s only two weeks out from when the powers of the AHRC and their positive duty are live on the 12th December 2023. This webinar hosted by the AHRC is a great opportunity to hear what powers the Commission have, how they will use them[…..]
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 13 November 2023 – 19 November 2023
Cost Reforms Introduced to Better Protect Applicants in Discrimination Matters On Wednesday this week, the Albanese Government introduced the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023. The bill would implement the Government’s response to Recommendation 25 of the Respect@Work report. The report had previously found that applicants were[…..]
Racial Harassment
Only in Western Australia is there protection for racial harassment in the equal opportunity legislation.
Race includes a person’s colour, who they are descended from, their ethnic background, and their nationality.
In Western Australia level racial harassment is made up of two components. The first is the type of behaviour that is unlawful. The second is what will happen to the person if they refuse to go along with the unlawful behaviour.
Type of Behaviour
The unlawful behaviour can include threats, abuse, insults and taunts.
Consequences If Behaviour Is Objected To
The behaviour is such that the harassed person has reasonable grounds to believe that if they object to the conduct then they will be disadvantaged, or they are in fact disadvantaged. Disadvantaged can include losing their job, not being promoted, not receiving special staff benefits such as a bonus and unfavourable reports about their work performance. Usually this means that the person who is the harasser is in a position of authority to the person being harassed.
What to do if someone thinks they have been racially harassed at work in WA
If a person thinks they are a victim of racial harassment then the first thing they can do is find out if their organisation has a policy about racial harassment and see if it contains a definition similar to the one mentioned above. If it does then they can use this policy to have a conversation with their manager/HR or any other person in authority. Tell him/her what has happened to them and why they think this is sexual harassment. It is useful to work out what he/she want the manager/HR to do about it the issue and to ask for it to be done.
Possible things someone could ask their manager to do is have a chat to the person doing the behaviour and find out what their view is and then see if there is room for a combined discussion. Sometimes people might not even know they are doing anything unlawful so giving them a chance to understand/explain their point of view is important. Someone could also ask their organisation to provide education to staff in this area, put posters up or send out emails reminding people of what is appropriate/inappropriate behaviour.
If the behaviour is very serious (either because it has been going on for a long time, or is being done by someone in authority or the actual incident is serious) then someone might want to ask their organisation to formally investigate it. They should check and see if their organisation has a grievance management document. If it does it should explain when a matter will be formal and what will be done. Normally a formal investigation has to be in writing and should explain what has happened by who, when and where. It is important to stick to the facts and avoid emotional language when making a formal complaint.
Once the complaint is formal then the organisation should investigate it. This means they will interview the complainant (person making the complaint) and any relevant people to support their story and they will also interview the respondent (person responding to the complaint) and any relevant people he/she has. Once they have collected all of the facts the information is then used to make a decision, usually by the CEO or equivalent.
If someone does not want to make a complaint internally or they have and it has not been handled to their satisfaction then they can contact the Equal Opportunity Commission in WA. The Equal Opportunity Commission in WA offers a free conciliation service for victims of racial harassment. Most matters are sorted out at this stage.
EEO Specialists do not represent individual people making complaints but we hope this information has been useful in helping work out what to do.
We do provide a comprehensive training service for organisations, to educate their staff about sexual harassment, bullying and discrimination and manager training on how to identify and manage complaints. If you would like to know more, please call Franca Sala Tenna on 0405 134 187.
Public Courses
Our next public courses in Perth are as follows:
Contact Officer Workshop
Date: 19th March 2024
Venue: TBC
Course Information »
Grievance Officer Workshop
Date: 16th April (Day 1), 23rd April 2024 (Day 2)
Venue: TBC
Course Information »
Grievance Officer Report Writing Workshop
Mailing List
To receive our regular updates, join our mailing list:
Latest Posts
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 20 November 2023 – 26 November 2023
AHRC Hosts Positive Duty Webinar It’s only two weeks out from when the powers of the AHRC and their positive duty are live on the 12th December 2023. This webinar hosted by the AHRC is a great opportunity to hear what powers the Commission have, how they will use them[…..]
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 13 November 2023 – 19 November 2023
Cost Reforms Introduced to Better Protect Applicants in Discrimination Matters On Wednesday this week, the Albanese Government introduced the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023. The bill would implement the Government’s response to Recommendation 25 of the Respect@Work report. The report had previously found that applicants were[…..]
Sexual Harassment
Under the Federal definition and all States (except Western Australia), sexual harassment is made up of two components; the first component is the type of behaviour that is unlawful, the second is what will happen to the person if they refuse to go along with the unlawful behaviour.
Type of Behaviour
There are three types of unlawful behaviour, which are-
- 1. An unwelcome sexual advance
- 2. An unwelcome request for sexual favours
- 3. Unwelcome conduct of a sexual nature
The behaviour covers oral or written statements and would include images, physical gestures, sexually explicit material via email, on a person’s computer screen, sexual jokes and banter and touching. It has been held that it is no excuse to a sexual harassment claim that sexual conversations and banter were part of the work culture.
The second part of the definition provides that the unwelcome sexual behaviour must occur “in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.”
Examples of sexual harassment are
- where a person was asked for sexual favours and subjected to physical contact and subsequently sexual assaulted
- During a business trip to Sydney the employer made sexually suggestive remarks, repeatedly suggested seeing a live sex show and entered the applicant’s bedroom uninvited and in his underpants and holding a pillow
- An assistant in a butcher’s shop was asked “how’s your love life?” and negative comments about her boyfriend and his sexual prowess
What to do if someone thinks they have been sexually harassed at work
If a person thinks they are a victim of sexual harassment then the first thing they can do is find out if their organisation has a policy about sexual harassment and see if it contains a definition similar to the one mentioned above. If it does then they can use this policy to have a conversation with their manager/HR or any other person in authority. Tell him/her what has happened to them and why they think this is sexual harassment. It is useful to work out what he/she want the manager/HR to do about it the issue and to ask for it to be done.
Possible things someone could ask their manager to do is have a chat to the person doing the behaviour and find out what their view is and then see if there is room for a combined discussion. Sometimes people might not even know they are doing anything unlawful so giving them a chance to understand/explain their point of view is important. Someone could also ask their organisation to provide education to staff in this area, put posters up or send out emails reminding people of what is appropriate/inappropriate behaviour.
If the behaviour is very serious (either because it has been going on for a long time, or is being done by someone in authority or the actual incident is serious) then someone might want to ask their organisation to formally investigate it. They should check and see if their organisation has a grievance management document. If it does it should explain when a matter will be formal and what will be done. Normally a formal investigation has to be in writing and should explain what has happened by who, when and where. It is important to stick to the facts and avoid emotional language when making a formal complaint.
Once the complaint is formal then the organisation should investigate it. This means they will interview the complainant (person making the complaint) and any relevant people to support their story and they will also interview the respondent (person responding to the complaint) and any relevant people he/she has. Once they have collected all of the facts the information is then used to make a decision, usually by the CEO or equivalent.
If someone does not want to make a complaint internally or they have and it has not been handled to their satisfaction then they can contact the Equal Opportunity Commission in their State. Each Commission offers a free conciliation service for victims of sexual harassment. Most matters are sorted out at this stage.
EEO Specialists do not represent individual people making complaints but we hope this information has been useful in helping work out what to do.
We do provide a comprehensive training service for organisations, to educate their staff about sexual harassment, bullying and discrimination and manager training on how to identify and manage complaints. If you would like to know more, please call Franca Sala Tenna on 0405 134 187.
Public Courses
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Contact Officer Workshop
Date: 19th March 2024
Venue: TBC
Course Information »
Grievance Officer Workshop
Date: 16th April (Day 1), 23rd April 2024 (Day 2)
Venue: TBC
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Grievance Officer Report Writing Workshop
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