Authorities underscore employers' 'positive duty' in protecting their workers
Employers across Australia are being urged to be proactive in protecting employees from sexual harassment and workplace violence amid the busy Christmas season.
The Australian Human Rights Commission (AHRC) and Safe Work Australia made the call in a joint statement on Wednesday, as they pointed out the rise in abusive, aggressive, or harassing behaviour towards employees during the holidays.
"These behaviours can cause lasting harm. No one should ever be expected to endure abuse as part of their job and WHS laws require you to do as much as you reasonably can to eliminate or minimise this risk," said Marie Boland, CEO of Safe Work Australia.
'Positive duty' in place
Australian legislation has placed a "positive duty" on employers to take reasonable steps to eliminate, as far as possible, sex discrimination, sexual harassment, sex-based harassment, and hostile workplace environments.
Hugh de Kretser, president of the AHRC, said this positive duty also requires businesses to take proactive steps to prevent sexual harassment and sexist behaviour even from customers.
"Prevention is better than responding after the damage is done. This is what the positive duty is about. A safe and respectful workplace isn't seasonal. It's a legal responsibility that must be upheld year-round," said de Krester.
Good leadership, other proactive steps
De Kretser further underscored that good leadership is essential in protecting retail workers, especially during the busy, high-pressure periods.
According to their joint statement, leaders set the tone in respectful workplaces, and are capable of sending a clear message that sexual harassment and violence will not be tolerated.
Other proactive steps that leaders can take to protect their staff include:
- Ensuring that workplace policies are more than just words on paper
- Talking to workers to find where there is a risk and how it can be controlled
- Making sure employees have access to the help and support that they need
- Highlighting reporting pathways and ensuring concerns are addressed promptly and respectfully
"By taking proactive steps, you are not only meeting your legal obligations but also building a safer, stronger, and more productive workplace," the joint statement read.
Retail crime in Australia
Australian retailers recorded a 66% year-on-year increase in retail crime involving weapons in the past year, according to data from the Australian Retailers Association (ARA).
There was also a 30% increase in violent or serious events, as well as a 39% increase in threatening events in the previous year.
Various Australian states and territories have introduced stronger penalties to curb the rising cases of harmful behaviour against retail and other frontline workers.
Victoria is the latest state to introduce these measures, which come right in time for the expected busy season across the state and the country.
According to the ARA, 68% of Australian adults or around 15.9 million people plan to buy gifts this year. Less than a quarter of shoppers (22%) said they were making online purchases, with many Australians expected to return to stores for their Christmas shopping.
