They demonstrate that the prohibition under s 527D of the Fair Work Act (FWA) is broad in its application and provides a new pathway for workers to make a sexual harassment claim.

These cases expand the circumstances in which employers may face liability and highlight the importance of taking a proactive, preventative approach to workplace sexual harassment.

Key takeaways

• The cases reveal that s 527D of the FWA is materially changing the legal landscape of workplace sexual harassment.
  
• The Respect@Work reforms have embedded a standalone prohibition on sexual harassment in federal workplace law.
  
• The provisions provide claimants a new avenue to access compensation and pecuniary penalties, and the recent judgments indicate the willingness of courts to order large monetary penalties and compensation.
  
• Section 527D has expanded the reach of federal workplace protections beyond traditional employment relationships, as non-employees, including contractors and customers, can be held personally liable for sexual harassment in connection with work.
  
• Employer liability is also expanding, with s 527E holding employers responsible for employee and agent conduct, if preventative steps are not taken.
  
• While vicarious liability under s 527E is limited to the conduct of employees and agents, employers must still address risks in respect of the conduct of third parties through their broader compliance and psychosocial risk safety frameworks.

Respect@Work Reforms

The introduction of...

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