The introductory session informs AFA members of some minimum standards that all organisations must follow to comply with the positive duty. The standards require actions to be taken to both prevent and respond to sexual harassment. Learn more from Richard Thompson of Archer Thompson Lawyers.
About this event
Presenter: Richard Thompson, Principal, Archer Thompson Lawyers
Date: 1 September 2022, 12pm-1pm
Cost:
AFA Members FREE (Promo Code Required)
AFA Member Guests FREE (When booked by AFA Member with Promo Code)
NON-Members $35
Preventing Sexual Harassment (Positive Duty on Employers)
The introductory session informs AFA members of some minimum standards that all organisations must follow to comply with the positive duty. The standards require actions to be taken to both prevent and respond to sexual harassment. Learn more from Richard Thompson of Archer Thompson Lawyers.
The new federal government has undertaken to implement all 55 Respect@Work recommendations, including a positive duty and the other legislative recommendations for an express prohibition against sexual harassment in the Fair Work Act 2009 (Cth). In Victoria, under the Equal Opportunity Act 2010, organisations already have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible. This means that positive action should be taken to prevent these behaviours – regardless of whether someone has made a complaint. These include appropriate policies and training. It is similar to occupational health and safety laws requiring employers to take appropriate steps to ensure injuries don’t occur.
Standard 1: Knowledge
Organisations must understand their obligations and have up-to-date knowledge about sexual harassment.
Standard 2: Prevention plan
Sexual harassment is prevented through the development and implementation of an effective plan. The plan should outline the legal requirements in addition to a policy that covers the workplace and conduct of the employer and employees.
Standard 3: Organisational capability
Employers should drive a culture of respect by building organisational capability.
Standard 4: Risk management
Organisations must implement a culture of safety and address risk regularly.
Standard 5: Reporting and response
Sexual harassment is to be addressed consistently and confidentially,
Standard 6: Monitoring and evaluation
Key themes
Minimum standards that all organisations must follow to comply with the positive duty
The standards require actions to be taken to both prevent and respond to sexual harassment
Top Tips
A better understanding of minimum standards that all organisations must follow to comply with the positive duty. What actions are to be taken to both prevent and respond to sexual harassment.
About The Presenter
Richard has over 30 years’ experience in employment law and commercial dispute resolution.
Richard has worked as an industrial relations advisor, barrister, law firm partner and head of employment and commercial law.
Richard has been engaged in all aspects of employment law for both employer and employees and specialises in dismissals, wages claims, and workplace disputes. He regularly appears at the Fair Work Commission, Human Rights and Equal Opportunity Tribunals, VCAT, Magistrates Court, Supreme Court, Federal Circuit Court and Federal Court.
Contact Richard Thompson HERE