Sexual harassment impacts every workplace in Australia. According to SafeWork Australia, one in three people (33%) said they have experienced sexual harassment at work in the last five years. These statistics are highly gendered. Women are more likely to experience sexual harassment in their lifetime than men (39% in comparison to 26%). Age, race, sexual orientation, migration status, colour, disability, and literacy level are all characteristics that can make someone more vulnerable.
Sexual harassment has always been a social problem rooted in victim blaming, consent violation and trauma of re-victimization. Conversations revolving around the issue tend to focus on peripheral matters, but a better system needs to be in place to dismantle social hierarchies and institutions by holding individuals & organisations accountable for normalizing and excusing these harmful behaviours.
Victorian Equal Opportunity and Human Rights Commission in cooperation with Bakers Delight Holdings, investigated the way Bakers Delight Holdings prevent and respond to sexual harassment in its company-owned workplaces and franchise network. The Report listed additional actions the business might take, including creating a sexual harassment plan, putting staff training into place, revising rules and procedures, communicating with employees frequently, and creating a central register of incidents. The findings from this Report will act as a helpful guide for all types of employers in Victoria and other head franchisors from similar firms to counter sexual harassment in the workplace.
Layla started her new role as a wait staff at a small family-run eatery. A few months into her new role, her boss started to sexually harass her at work. This included him tickling her above the waist, blowing in her ears, asking about her sex life, sharing comments about his own, and making lewd comments and sexual innuendos. This behaviour occurred on a weekly basis. Layla had made several attempts to notify her boss that he was making her feel uncomfortable. Following which, she tried her best to remove herself from any potential situations where they’d be alone.
Most of the harassment would often take place during the morning prep time in the front of the eatery where there were no staff members present. His behaviour was unwelcome, inappropriate, and unprofessional.
A year in, she was forced to resign her position because of the continuous sexual harassment.
We take this opportunity to share the exciting news that the South-East Monash Legal Service has been recognised as one of the recipients of the National Legal Assistance Partnership Grant. With nearly 50 years of experience, this funding will support SMLS to further strengthen our position in the community as a distinguished Community Legal Centre (CLC) providing free legal advice supporting clients experiencing sexual harassment at the workplace. This year, we are launching two new programs focused on improving outcomes and keeping the justice system within reach of people facing disadvantages and/or vulnerabilities.
The Advocacy against Sexual Harassment (AASH) Program, is a confidential free legal assistance Victoria-wide to low-income workers experiencing vulnerability or disadvantage. The program aims to empower and support workers to navigate the complex, multijurisdictional and sensitive nature of workplace sexual harassment and discrimination claims, including assistance with advocacy and litigation.
To book a free and confidential appointment with a lawyer about workplace sexual harassment, please contact our office on 9545 7400
