Sexual harassment is unwanted and unwelcome behaviour of a sexual nature. State and Federal legislation make it unlawful to sexually harass another person in the workplace.
Sexual harassment takes place when a person makes an unwelcome advance, or engages in other unwelcome conduct of a sexual nature in relation to another person in circumstances, where a reasonable observer would have anticipated that the person would be offended, humiliated or intimidated.
Sexual harassment can occur as a result of a single incident or a pattern of behaviour. It can be committed regardless of whether or not the behaviour concerned was intended to cause offence, humiliation or distress.
Sexual harassment encompasses a broad range of physical, written or verbal behaviour, which may include, but is not limited to, the following:
- Unwelcome physical contact or attempted physical contact, e.g. kissing, touching (some of which may constitute assault);
- Insinuations about an individual’s private life;
- Requests for dates;
- Insults or jokes of a sexual nature;
- Unwelcome sexual advances, suggestions, innuendoes or requests for sexual favours;
- Offensive printed or photographic material; or
- Offensive information transmitted electronically, e.g. via email or the internet.
Unless workplace issues are dealt with quickly, effectively and impartially, the effect upon the organisation may be costly in terms of loss of valuable personnel, time, money and productivity and may adversely affect your organisation’s good reputation.
An independent, external investigator who investigates complaints of sexual harassment and provides well considered findings and recommendations, based on facts, is invaluable to any workplace. Do not attempt to investigate internally and risk the investigation process being flawed by partiality and inability to maintain confidentialty.
The benefits of an external, independent investigator cannot be overlooked in maintianing workplace harmony, allowing minimal disruption, and providing findings that all parties involved are more likely to accept than if the investigation were conduicted internally.
Please feel free to contact Brooke Pendlebury today to discuss external investigation options.