Aug 12th, 2022
A disturbing report on bullying and sexual misconduct in NSW parliament has been released today, published by former sex discrimination commissioner Elizabeth Broderick. The findings uncovered from a survey of almost 450 eligible employees revealed shocking statistics on the prevalence of sexual harassment in parliamentary workplaces.
More than one third of respondents were bullied or sexually harassed over the past five years, and one in five reported being sexually harassed – notably young women and workers who are culturally, linguistically, or sexually diverse. Almost half of the perpetrators were elected members of parliament.
The review identified that inappropriate conduct was fuelled by the unequal distributions of power and accountability, and lack of diversity in formal decision-making roles, as well as the nature of the work being high pressure with long hours typically worked. The report found workers were not aware of policies and protections in place, and were concerned there would be ramifications by speaking out.
Broderick recommended further training for leaders and managers, and a review of policies, procedures, and the parliamentary Act which covers employees. It was also suggested to consider establishing an independent body to provide early intervention, support, and investigation into complaints that are raised. Additionally, the report recommended stronger codes of conduct in the parliamentary houses, and a similar review to be conducted in future years.
In Victoria, a three-year investigation into Bakers Delight Holdings found that the franchise chain failed to comply with its obligations to prevent sexual harassment in workplaces, according to findings from the Victorian Equal Opportunity and Human Rights Commission. The review examined whether the company was compliant with Victorian-specific laws that give employers a positive duty to prevent sexual harassment.
The Commission identified the company as high risk for sexual harassment due to the nature of workplaces and its position in the retail sector. The review found that Bakers Delight’s sexual harassment policies were insufficient and not communicated to employees. The company didn’t provide training to employees or managers on how to stop sexual harassment. It did not have a sexual harassment prevention plan in place, nor did it have a central risk register for reports to be made.
Bakers Delight responded proactively to the findings, and agreed to rectify these issues over a 12-month period on a national scale. The company will implement a detailed prevention plan, develop a risk register for reports of harassment, and conduct an annual bullying and harassment survey and risk assessment. It has committed to providing regular training to HR, managers, and employees. Bakers Delight also noted they would consider providing specific messaging in stores and on social media to warn customers against sexually harassing staff members.
The unsettling findings of both the Victorian Commission’s investigation into Bakers Delight, and Broderick’s report on NSW parliament are not unique to these workplaces – other employers can learn from the shortcomings and recommendations provided to address these workplace issues. Employers already have an obligation to ensure as far as reasonably practicable, the health and safety of employees in the workplace. These reports should serve as a reminder to employers to be more proactive in taking steps to prevent sexual harassment in the workplace, rather than being reactive when reports are made.
While the positive duty legislation currently only applies in Victoria, the federal government has announced it intends to extend this provision on a national scale in response to the recommendations of the Respect@Work National Inquiry report by Sex Discrimination Commissioner Kate Jenkins.
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