Managing
Workplace
Relations:
Lecture 6
Harassment
Part II
Harassment
• Harassment is a specific form of discrimination
• Any form of behaviour that is not wanted, not asked for
and not returned, is likely to cause a hostile or
uncomfortable workplace by:
• humiliating someone
• seriously embarrassing them
• offending them
• intimidating them
Unreasonable behaviour includes actions of individuals or
a group using a system of work or inappropriate use of the
power of their position
Sexual Harassment
Sexual harassment is:
• an unwelcome sexual advance
• an unwelcome request for sexual favours or
• any other unwelcome conduct of a sexual nature,
which makes a person feel offended, humiliated
and/or intimidated, where a reasonable person
would anticipate that reaction in the circumstances.
The Sex Discrimination Act 1984 (Cth) & Equal Opportunity Act 2010 (Vic)
defines the nature and circumstances in which sexual harassment is
unlawful.
Sex and Age Discrimination
Amendment Act 2011
• Sex and Age Discrimination Amendment Act 2011—‘a reasonable
person would have anticipated the possibility of causing offence,
humiliation or intimidation’
• Lowers requirement to prove sexual harassment
• Coverage extended—greater protection on grounds of family
responsibilities and breastfeeding
• Anti-discrimination and EEO legislation also at state level
• Where complaint covered by federal and state law, complainant
required to elect jurisdiction
• State tribunals seek to resolve by conciliation but can award damages
or make orders for reinstatement
Options for Complaint
Resolution
1. Self management
2. Seek support from the organization's internal resources :
• Contact officer/advisor
• Manager
• Human Resources staff
• Union representative
• OH&S representative
3. Request intervention from a manager or HR to resolve complaint
informally
4. Seek support from an external sources:
• Equal Opportunity & Human Rights Commission
• Fair Work Australia
• Police
• Lawyer
Duty of care
Managers and Supervisors are responsible for ‘duty of care’ by:
• Being aware of, identifying and preventing….(Monitoring)
• Being approachable, fair, non judgemental….(Managing)
• Provide leadership….(Role Modelling)
• Encouraging appropriate behaviour….(Promoting)
• Intervening in inappropriate behaviour….(Action)
• Responding to and resolving complaints….(Taking action informally/ formally
when appropriate)
• Promote the organisation’s policies and procedures
• Create an environment where harassment is less likely to happen
Guiding principle for HR: All complaints must be treated: Fairly, Confidentially,
Impartially, Seriously, and In a timely manner
Remedies
• Legal action against the Employer, Manager, Supervisor and/or the
Employee who carried out the discrimination, harassment, etc, resulting in
payment of compensation to the aggrieved party.
• Where the aggrieved Employee was forced to resign as a result of the
behavior of the other parties, the Employee may also have a case against
the Employer for Constructive Dismissal resulting in Adverse Action!
• Vicarious Liability: Employers, Managers, Supervisors can be held liable for
the actions or omissions of its Employees in regard to contraventions of
EEO and Anti- discrimination legislation.
• Employees can be liable for an act of unlawful discrimination if they
“cause, instruct, induce, aid or permit another person to do the unlawful
act” (Sex Discrimination Act 1984)
Exemptions to the legislation
• Domestic and personal services • Standards of dress and behaviour
• Genuine occupational • Care of children
requirements • Judges, public servants
• Political employment • Early retirement schemes
• Welfare services
• Religious bodies, schools, beliefs or
• Family employment principles
• Small business
• Special services or facilities
• Reasonable terms of employment
Why People Tolerate
Harassment
• Wanting to fit in
• Not wanting to be seen as a troublemaker
• Guilt that something they did encouraged the behaviour
• Not trusting their own judgement
• Low self-esteem
• Social conditioning – females, religious, minority groups
• Power imbalances
• Distrust of management
• Fear of work-related reprisals
• No adequate or trusted complaint procedure
• Differing cultural values about what is acceptable behaviour
• Feeling that harassment is a normal part of the workplace culture.
