Employers will have to face these uncomfortable situations, so how should they handle them?
Bhrig Chauhan, principal lawyer in employment law at Aitken Partners says immediate steps must be taken to stop the alleged conduct and protect the parties involved.
From there employers should assess the nature of any investigation which may follow.
“Factors such as the seriousness of the allegation, seniority of the person involved and whether the complainant wants the matter dealt with informally will be relevant,” he said.
Chauhan also insists that it is important for employers to follow their own policies or any applicable award in managing complaints.
What about the law?
Australia has many laws regarding discrimination in the workplace including the Sex Discrimination Act 1984, Equal Opportunity Act 2010 and various state Work Health and Safety Acts.
In South Australia SafeWork SA is expecting to increase investigations into complaints about psychological harm and psychosocial risks as the topic is more widely socialised, combined with more employees returning to the office.
This means employers have a positive obligation under anti-discrimination and health and safety laws to prevent and be prepared to deal with sexual harassment at work.
Employers also have a legal obligation to support parties involved in the incident including offering access to support programs and flexible working arrangements.
What about HR?
Human resources are the conduit between the employee and employer.
They’re the point of contact for both parties involved as well as any outside legal contact that is needed when handling allegations.
Human resources provide support to those in need but must remain neutral within the workplace to ensure complaints are managed in compliance with law and policy.