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Sexual Harassment Policy is not enough |
The decision by the Victorian Civil and Administrative Tribunal in Styles v Murray Meats Pty Ltd (No. A356/2004) has highlighted the need for employers to have adequate sexual harassment policies and make sure they are complied with. |
The applicant Ms Styles lodged a complaint under the Equal Opportunity Act 1995 (Vic) on the basis of sexual discrimination. Working in the respondent company's meatworks there were numerous incidents where her colleague Mr Ujvari made sexually derogatory remarks. |
This culminated in a verbal and physical altercation between the two of them. Soon after the altercation Ms. Styles' employment was terminated on the basis the respondent company's "business was not doing well". |
During her employment Ms. Styles had made several complaints. The owner Mr Howes had given Mr Ujvari a verbal warning, a threat of termination and provided him with the company's sexual harassment policy to read. The Tribunal accepted a policy was in place and that Mr Ujvari had understood it. |
However the Tribunal found the sexual harassment policy was inadequate and did not address key issues such as what forms of action constituted sexual harassment, the procedures for making a complaint, or any external information about complaint handling and legal rights. At paragraph 88 Deputy President McKenzie stated:
"I find the policy inadequate as a policy for preventing sexual harassment. It is so general in its terms that it could very easily have been interpreted to cover only workplace bullying or other workplace disputes. It does not contain enough detail for an employee to know exactly what he or she ought or ought not to do or say and it does not contain enough detail for a victim of harassment to know how to complain."
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| It is not enough that a sexual harassment policy exists. Employers must comply with the discrimination legislation applicable in a particular state and the processes must be in place so that complaints are taken on board and dealt with in an appropriate manner. |
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