A A Victorian employer was recently ordered to pay $50,000 in compensation to an employee who suffered illness, loss, and damages due to workplace harassment. The court found the employer vicariously liable for failing to intervene or implement preventative measures.
This case underscores the urgent need for employers to respond promptly and appropriately to all workplace complaints. Taking reasonable steps to investigate, follow up, and intervene is essential to protect employee wellbeing and maintain a safe working environment.
What Happened
The employee submitted a formal complaint describing:
- Unwelcome physical contact
- Suggestive comments and requests
- Inappropriate noises and jokes
However, the employer did not respond. As a result, the situation escalated to an act of sexual assault and a second complaint. With no intervention, the employee filed a claim with the Victorian Civil and Administrative Tribunal, which ruled in favour of employer liability.
Policy Alone Is Not Enough
Although the employer had a policy handbook and employees could access the sexual harassment policy and complaints handling process, no further action was taken to reinforce awareness or ensure understanding.
The judge emphasized that employers must:
- Actively promote awareness of company policies
- Provide routine follow-up to confirm employee understanding
- Implement preventative strategies—not just publish them
For guidance on legal obligations, visit:
- Fair Work Ombudsman – Sexual Harassment (fairwork.gov.au in Bing)
- Safe Work Australia – Workplace Bullying (safeworkaustralia.gov.au in Bing)
Why Employer Action Matters
Employers who respond effectively to complaints help:
- Protect employee safety and mental health
- Foster a respectful and inclusive workplace culture
- Reduce risks to productivity, reputation, and finances
Preventative Measures Employers Should Take
To avoid liability and promote a safe workplace, employers must demonstrate that reasonable steps are being taken, including:
- Reviewing and updating harassment and discrimination policies regularly
- Conducting training to ensure employees understand responsibilities and consequences
- Monitoring workplace behaviour and culture to uphold standards
- Improving complaints handling processes to ensure reports are addressed promptly and sensitively
Complaints should never be ignored. A proactive approach is the best defence against legal and reputational damage.
How Assurance HR Management Can Help
Assurance HR Management supports businesses by:
- Reviewing and updating workplace policies and procedures
- Delivering employee training and awareness programs
- Strengthening complaints handling and WHS compliance
📞 Call 1800 577 515 today to speak with our team about tailored solutions for your business.
🔗 Helpful Resources
Safe Work Australia – Preventing Workplace Harassment (safeworkaustralia.gov.au in Bing)
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Fair Work Ombudsman – Sexual Harassment (fairwork.gov.au in Bing)
