Starting from 12 December 2023, a new positive duty comes into effect imposing legal responsibility on employers for failing to prevent sexual harassment and discrimination at work. This means that employers must actively work to eliminate negative behaviour, with the Australian Human Rights Commission (AHRC) receiving new powers to enforce compliance.
Sex Discrimination Commissioner Dr Anna Cody says: "Organisations and businesses are now required to focus on actively preventing unlawful conduct connected to work, rather than responding only after it happens."
This Extends to Work Christmas Parties
As the holiday period approaches, this positive duty extends to all work contexts including Christmas parties and end-of-year celebrations. Below are practical steps employers can take to protect their employees and minimise liability:
- Ensure that alcohol is served responsibly and that adequate steps are taken to prevent anti-social behaviour
- Designate a sober senior staff member to supervise conduct and prevent incidents before they happen
- Remind employees before the event that workplace codes of conduct apply at the Christmas party
- Set a clear start and finish time and communicate that events before or after are not endorsed by the company
- Remind managers that they have a positive obligation to be pro-active in preventing harassment and discrimination