{"id":3820,"date":"2014-08-25T13:49:38","date_gmt":"2014-08-25T03:49:38","guid":{"rendered":"https:\/\/www.wiseworkplacetraining.com.au\/2021\/09\/11\/protecting-against-unwanted-sexual-advances-at-work\/"},"modified":"2021-09-11T13:49:48","modified_gmt":"2021-09-11T03:49:48","slug":"protecting-against-unwanted-sexual-advances-at-work","status":"publish","type":"post","link":"https:\/\/www.wiseworkplacetraining.com.au\/2014\/08\/25\/protecting-against-unwanted-sexual-advances-at-work\/","title":{"rendered":"Protecting Against Unwanted Sexual Advances at Work"},"content":{"rendered":"
The definition of a workplace might seem relatively simple \u2013 the office, the work site, the place where you carry out your duties of employment. Yet a recent finding of the Full Federal Court has affirmed one judge\u2019s ruling that the workplace can quite often extend beyond the four walls concept. It follows (as the majority of judges in this case recognised) that unlawful behaviour such as sexual harassment can occur within unconventional \u2018workplace\u2019 circumstances and venues.<\/p>\n
The case in question \u2013 Vergara v Ewin<\/strong> \u2013 involved unwanted sexual advances from a male contractor towards a female supervisor. Some of these occurred in the regular workplace, while other behaviour took place in venues that might ordinarily be considered off-site. One such place was a pub called the Waterside Hotel, in Melbourne\u2019s CBD. The respondent stated that she moved a discussion about the unwanted advances out of the \u2018regular\u2019 office to the nearby pub, in order to feel safe with the applicant. She and the applicant had been alone at the office, and she wanted to continue the work-related discussion near other people. This became one of the harassment sites.<\/p>\n A question arose as to whether the Waterside Hotel could realistically be considered a workplace under s28B of the Sexual Discrimination Act, as in force in 2009. Firstly, the parties were found to be \u2018workplace participants\u2019 for the purposes of the Act, although the appellant was a contractor.<\/p>\n From there, the full court found that the pub was indeed a workplace in accordance with s28B(7): \u201cA place at which a workplace participant works or otherwise carries out functions in connection with being a workplace participant.\u201d<\/p>\n In continuing to discuss the workplace harassment question, the parties were found to be carrying on the necessary work-related function while at the hotel.<\/p>\n The decision in this case raises important points for all workplace participants, whether they are employees or contractors. Unfortunately the scourge of sexual harassment continues to exist, and it is important to think through the potential situations that you may find yourself in if you are managing unwanted sexual advances from a colleague. Following a few simple guidelines can help you to protect yourself:<\/p>\n In this case, while the court agreed that the purpose of the meeting in the Waterside Hotel was to discuss the harassment, clearly this wasn\u2019t understood by the applicant. If you choose to address unwanted sexual advances with the person involved, be careful that your actions can\u2019t be taken as a green light. Keep the discussion at the office, keep it professional, and make sure you are within sight of your colleagues during the discussion.<\/p>\n Work drinks are a common form of team bonding in many work places, but it\u2019s wise to understand the increased risks of alcohol consumption in terms of lowering inhibitions. Thinking of letting your hair down with your workmates once you\u2019ve moved discussions to the local pub? It certainly might pay to think twice about this.<\/p>\n Make sure you don\u2019t find yourself in a situation where you are alone with the person who is making unwanted advances toward you. The presence of another colleague is often enough to deter harassment.<\/p>\n Even if you want to handle the situation yourself initially, it\u2019s important to report your concerns to a third party, and make it known to the person involved that you have done so.<\/p>\n It pays to take heed of the dangers that can present themselves, both in the ordinary office setting and wherever \u2018workplace participants\u2019 are carrying out work \u2018functions\u2019. .<\/p>\n Employers must also continue to be vigilant in maintaining a safe environment for all people under their occupational control. Just confining the focus of anti-harassment measures to the four walls of your office environment might not be sufficient. Considering the growing fluidity of employment, all engagements between participants both on and off-site have the potential to create unfortunate scenarios. .<\/p>\n Education is essential \u2013 whether engaging employees, temps or contractors, employers should ensure that a zero-tolerance approach towards sexual harassment and other misconduct is conveyed from day one. Training, regular updates and modelling best practices can all assist in developing workplaces where safety and respect are core objectives. Off or on-site, this case demonstrates the significant problems that arise where unfortunate behaviour occurs between colleagues<\/p>\nImportant lessons to be learned<\/h5>\n
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Be clear<\/h5>\n
Alcohol and sexual harassment are not a good mix<\/h5>\n
Being alone means being vulnerable<\/h5>\n
Report the situation<\/h5>\n
Education and vigilance<\/h5>\n