Sexual Harassment in the workplace The law just got sharper - is your business ready?

Let’s be real, sexual harassment has never belonged in the workplace. But as of 2024, it is not just bad behaviour, it is a serious legal liability with real consequences if you are not taking action. Thanks to amendments under the Fair Work Act 2009, as part of the Federal Government’s Secure Jobs, Better Pay reforms, the law now spells it out in bold:

Sexual harassment is expressly prohibited in connection with work – FULL STOP.

This includes behaviour at the workplace, at work-related events, and anywhere that’s connected to employment. And it doesn’t just apply to employees anymore. It now covers workers, future workers, contractors, volunteers, people conducting a business or undertaking (yep - that includes you).

Vicarious Liability - Employers, take note

Employers can now be held vicariously liable for sexual harassment carried out by an employee or agent.Translation? If someone in your business harasses someone else, you could be legally responsible - unless you can show that you took all reasonable steps to prevent it.

This is your cue to stop relying on dusty handbooks and half-hearted training slides.

The Fair Work Commission now has teeth

The Fair Work Commission now has expanded powers to resolve sexual harassment disputes. This includes:

• Conciliation and mediation

• Arbitration (if both parties agree)

• Compensation orders or other remedies

So yes - harassment claims can now lead to enforceable outcomes. And no - “we didn’t know” won’t cut it.

What you should be doing (Yesterday)

Here’s your compliance hit list:

1. Review and update policies

If your sexual harassment policy is vague, outdated or buried in the onboarding pack, it’s time for a glow-up. Clearly define unacceptable behaviour and outline reporting channels. Detail investigation processes and make it accessible and front-of-mind.

2. Train everyone - regularly

One lunch-and-learn two years ago doesn’t count. Managers need to know how to respond to employees who have concerns. Staff need to know what’s okay, what’s not, and how to speak up. Refresh training every 6–12 months

3. Create confidential reporting channels

If reporting harassment is awkward, unclear or unsafe, no one’s going to do it. Have a clear contact person and offer anonymous reporting if possible.  Handle all reports discreetly and with urgency

4. Act swiftly on complaints

Don’t wait for things to escalate. Investigate every complaint and maintain confidentiality. Take meaningful action (discipline, mediation, etc.) and keep clear records.

5. Build a culture that doesn’t tolerate it

HR isn’t just about damage control - it’s about prevention. Model respectful behaviour and reinforce your values constantly. Hire and promote people who align with those values.

Bottom line? You are either preventing it or permitting it

The law is now very clear - if you don’t act, you are exposed.

At HRxP, we help businesses not just stay compliant—but create cultures where harassment doesn’t stand a chance. 

Want to update your policies, train your team, or just make sure your workplace is legally watertight and actually decent to work in?

We’ve got you.