HSA November 21

Sexual harassment has also been
included on the list of conduct that
constitutes ‘serious misconduct’ in
the Fair Work Regulations.
MISCARRIAGE LEAVE
The Respect at Work Act also
varies the existing entitlement to
compassionate leave in the Fair
Work Act to enable an employee
to take up to two days of paid
compassionate leave (unpaid
for casuals) if the employee, or
employee’s current spouse or de
facto partner, has a miscarriage.
Miscarriage is defined as the
spontaneous loss of the embryo or
fetus before 20 weeks’ gestation.
This is based on the general medical
meaning of miscarriage.
IMPLICATIONS FOR
BUSINESSES
In light of the introduction of the
new Respect at Work legislation we
recommend that employers should
review the following areas:
Existing Policies & Procedures
Employers should review their
existing sexual harassment policies
and procedures to incorporate
areas such as the new ground
of sex-based harassment, the
expanded coverage under the Sex
Discrimination Act and the FWC’s
new ability to make orders to stop
sexual harassment in the workplace.
Internal Complaints/Grievance
Procedures
Any procedures with respect to
complaint handling and grievance
disputes should also be reviewed
to ensure they are consistent with
the Respect at Work legislative
changes.
Any internal complaints mechanism
should be easily understood
and widely publicised to ensure
that staff are fully aware of what
they can do in the event they
wish to make a complaint in
relation to sexual harassment or
discrimination.
Leave Policies
Employers are encouraged to
review any existing policies on
leave entitlements to ensure they
are updated to incorporate the two
days of paid compassionate leave
(unpaid for casuals) if the employee,
or employee’s current spouse or de
facto partner, has a miscarriage.
Training
Training on sexual harassment and
discrimination should be provided to
any new employees as part of their
overall onboarding process. This
ensures that new staff members
understand what the expected
behaviours of the company are,
what constitutes sexual harassment
and what to do in the event that
an employee wishes to make a
complaint.
For existing employees refresher
training should also be provided on
these topics as part of their ongoing
professional development.
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