Important Points to Consider………

	1 in 5 Australians have been victims of sexual harassment at work and the number of cases are increasing
	26% of bullied employees exit the organisation
	The average cost of a workplace bullying case is $20,500
	Employers are vicariously liable for the actions of their employees, contractors and agents.
	Not just enough to have a written policy. It must be updated and communicated to all employees on a regular basis.
	“Some Australian workplaces have up to 70 nationalities present, one quarter of the labour force was born overseas”.
	At least 60% families with dependent children have both parents in the workforce.

Some key areas attracting more litigation within Australian workplaces today are;

	Sexual Harassment (including internet, email, mobile phone etc.)
	Bullying
	Discrimination
	Equal Employment Opportunity
	Occupational Health & Safety

Case Studies –
The following cases and information are just some examples of how costly ineffective Human Resource practices can be to organisations.

	An employer brushed against an employee at a Christmas Party. Damages awarded $20,000
	A cleaner was repeatedly brushed up against in a linen room by her employer. Damages awarded $27,500
	A male apprentice was repeatedly asked about his sexual orientation. Damages awarded $26,000
	An employer had a calendar in a lunch room displaying semi naked women. Damages awarded $2,500
	An employer was found liable for the actions of an employee who continued to contact a co-worker after their consensual relationship broke down. Damages awarded $17,500

The following case study highlights the importance of clearly communicated and practiced formal policies and procedures in protecting employers.

Toyota Vs AMWU

a. Dismissal of 2 long serving employees

b. Distributed pornographic material via the companies email system

c. AIRC held;

i. Clear written policy on pop up screen

ii. Clear that it was to be adhered to

iii. Defence of “private activity” failed

Do You Require Human Resource Assistance?

• Do you have an employment issue that hasn’t been resolved?
  Has misinterpretation of company policy resulted in the break down of relationships or the loss of employees?
  
• Have you experienced complaints or law suits because of a lack of clearly communicated policies and procedures?
  
• Is there inconsistency between managers regarding how they handle employment issues?
  
• Do your current practices require verification for their currency and relevance to your business and it’s obligations?
  
• Have your employees read, understood and acknowledged a current Equal Employment Opportunity Policy within the past 12 months?
  
• Do managers understand and appreciate their responsibilities and liabilities under Equal Employment Opportunity and other legislation?
  
• Do managers involved in Recruitment and Selection know how Equal Employment Opportunity and Privacy legislation impacts upon the organisation and the selection process?
  
• Do managers appreciate the importance of ‘procedural fairness’ when required to counsel employees acting inappropriately?

If you have answered yes to any of the above, your organisation needs to review its Human Resource practices!