Think your online training modules will save you? Think again.

In finding that a junior employee at a large national employer was repeatedly sexually harassed by a senior manager while at work, the Queensland Industrial Relations Commission (QIRC) also found the employer vicariously liable under the Anti-Discrimination Act 1991 (Qld) (Discrimination Act).

The employer’s “reasonable steps” defence failed. Not because the content of its policies or training were wrong, but because of the way training was delivered. It was generic and not specific to the manager, or taking into account his history of offending.

Key takeaways for employers:

• Clear and compliant training content and policies are only one (albeit mandatory) piece of the puzzle. They must be paired with genuine employee engagement with the material.
• Genuine employee engagement requires dedicated training time, away from regular duties. Consider replacing “click through” training modules with live sessions or, if this is not possible, use those modules to supplement other training modes.
• If on notice of problematic conduct, reassess whether your standard “steps” are reasonable in the circumstances or whether tailored training or counselling is warranted.

Sexual harassment conduct: what happened

In 2016, the employer investigated allegations that the manager sexually harassed a junior employee and was issued a final warning.

On multiple occasions in 2020 and 2021, the manager directed sexualised comments and...

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