Preventing Illegal Workplace Behaviors in Australia: How to Protect Your Employees
Unlawful workplace behaviours are a serious issue, and can have a devastating impact on employees and businesses. In Australia, it is illegal to engage in a variety of behaviours, and employers have a duty of care to provide a safe and healthy work environment for their employees. In this article, we will discuss the types of unlawful behaviours that may arise, the relevant Australian legislation, and the steps that businesses can take to prevent and address these behaviours.
Types of Unlawful Workplace Behaviours
– Discrimination: This includes treating an employee unfairly or differently based on their race, gender, sexual orientation, religion, or other personal characteristics.
– Sexual harassment: This includes any unwanted or unwelcome sexual advances, comments, or behavior, including physical touching or groping.
– Bullying: This includes any repeated, unwelcome behavior that by a worker (individual or group), directed to another worker (individual or group) that creates a risk to health and safety.
Australian Legislation
The main legislation governing these behaviours in Australia is the Fair Work Act 2009.
However, additional state and territory work health and safety legislation, imposes duties on employers to provide a safe and healthy work environment for their employees. This includes taking reasonable steps to prevent any of these types of behaviours because of their ability to cause harm.
Additionally, there are other laws and regulations that protect employees from workplace harassment. These include the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Disability Discrimination Act 1992, and the Age Discrimination Act 2004.
Preventing Unlawful Behaviours
Preventing unlawful behaviours requires a proactive approach from employers. Some steps that businesses can take to prevent these behaviours include:
– Developing and implementing comprehensive policies that clearly outline the expectations and consequences of such behaviour.
– Providing regular training to employees and supervisors on how to prevent and address such behaviours.
– Encouraging employees to report incidents, and ensuring that employees feel safe and supported when reporting such incidents.
– Investigating all incidents promptly and impartially, and taking appropriate action when necessary.
– Monitoring the workplace for signs of unlawful behaviour, and taking proactive steps to address any issues that arise.
Addressing Behaviour
If unlawful workplace behaviours occur, it is important for businesses to take prompt and effective action to address the issue. Some steps that businesses can take to address these behaviours include:
– Investigating the incident thoroughly and impartially, and gathering evidence where possible.
– Providing support and assistance to the victim of the behaviour, including counseling or other services as needed.
– Taking appropriate disciplinary action against the perpetrator, which may include termination of employment or other forms of punishment.
– Reviewing the relevant policies and training programs to ensure that they are effective and up-to-date.
Clyde Industrial can assist employers in understanding their obligations, implementing effective solutions to prevent and discourage unlawful workplace behaviours, investigate incidents and provide advice to employers on the management of such incidents.
info@clydeindustrial.com.au
1800 954 696