Responding to workplace sexual harassment – investigation responses that are legislatively compliant, ensure employee wellbeing and prevent risk of further harm to employees.

Ms Sonia Hennessy¹
¹Independent Consultant, Melbourne, Australia

Situation: In 2023 national legislative changes are being implemented that place greater emphasis on employers to prevent workplace sexual harassment. These changes impact Australian ambulance services.

Task: Sexual harassment is a psychosocial risk and workplace misconduct. Requirements under the Fair Work Act 2009 and case law precedence stipulate that if there is an allegation of sexual harassment, there must be a fair investigation response.
Findings from the Victorian Equal Opportunity and Human Rights Commission review into Ambulance Victoria highlighted a prevalence of sexual harassment in the workplace, these findings are relevant for all ambulance services. A recommendation from that review was for Ambulance Victoria to change its investigation practices.

Action: Findings from research show the stress of the investigation process is a reason employees don’t report and further, many find the process more stressful than the conduct in the original complaint. How a workplace investigation is conducted, and the ability of the workplace investigator is central to employee well-being. The way in which a workplace investigator investigates can make a difference as to whether the employee feels supported and finds the process a positive experience or whether they are re-traumatised by the process.

Result: Ambulance services must look not only at their process for investigation response but the quality, skill level and ability of the investigators conducting the investigations. There are investigation practices that ambulance services can employ to minimise the risk of placing further stress on employees, in which the employee’s well-being is considered and ensure compliance with legislation.

Biography:

Sonia is an experienced leader, workplace investigator and former police officer with over 27 years’ experience. Sonia specialises in helping organisations understand trauma informed investigations and delivering high quality investigation services. Sonia holds several qualifications and is completing a Master of Investigations and Graduate Diploma, Employment and Labour Relations Law.