Companies could face fines for failing to stop sexual harassment

Man touching a woman's legs

Man touching a woman's legs Source: iStockphoto

Companies would be fined if they don't do enough to prevent sexual harassment in the workplace under a plan to stamp out abuse. The ACTU says more than eight out of ten women experience harassment, but only one in five reports it.


It's a wake-up call to corporate Australia, with more than a hundred organisations from across the country demanding action on sexual harassment in the workplace.

ACTU President Michele O'Neil says government and employers need to act.

"These organisations have come together because it's such an urgent problem. More that 85 per cent of women will experience sexual harassment at some time in their lives. That's a shocking statistic and one that we cannot accept in Australia in 2019.”

According to Rita Butera, executive director of Women's Health Victoria, women from multicultural backgrounds ,and fearful for their jobs, are particularly vulnerable.

"Our culture and our systems are letting us down. They are failing us. It's not an individual problem, it's a whole of community problem and we really need to look at what's the gender equality here. How is gender inequality contributing to concerns around sexual harassment in the workplace. What are the social norms, what are the cultural aspects that are deeply ingrained in our community and in our workplaces, that we need to address.

The impact on victims can be shattering.

Perth chef Barb Johnson was sexually harassed in a cool room by a male colleague.

"This was really the first time I had been targeted myself and if an older person could feel so violated, I can only imagine what a younger person would feel like. It was really horrible."

In a five-point plan for action, the group calls for dedicated prevention by promoting gender equality, stronger, clearer legal requirements to make sexual harassment a health and safety issue, fair and effective complaint processes, better worker advocacy and support services with the option to report issues online.

The submission wants penalties to apply for companies that don't do enough to stamp out sexual harassment, in much the same way they can now be held liable for failing to provide a safe workplace.

Principal lawyer at Maurice Blackburn, Alex Grayson, says there are not enough financial disincentives for businesses.

"It is very common to have penalties imposed in the workplace in employment law in Australia. Most provisions of the Fair Work Act have civil remedy provisions and there are penalties capable of imposition. Sexual harassment is not one of those areas."

Gabrielle Marchetti, from the organisation Jobswatch, also believes limits on reporting abuse, which can be as little as six months, need to be reviewed.

"We think that absolutely need to be extended. In Victoria and other states territories the time frame is 12 months. But for lots of other complaints under the Fair Work Act you have got six years for bringing complaints, so six months is absolutely inadequate."

Akashika Mohla is founder and director of “Abhaya”, which works with multicultural women and their issues.

She told SBS Hindi, ‘All women should understand the definition of sexual harassment and tools available to fight against it.”


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Companies could face fines for failing to stop sexual harassment | SBS Hindi