Sexual harassment continues to be a critical issue across Australian workplaces. Despite stronger laws and reforms, some organisations still attempt to minimise, dismiss, or conceal complaints to protect their reputation. This not only threatens the rights and safety of employees but also exposes businesses to serious legal, financial, and cultural consequences.
At NB Employment Law, we help employers respond appropriately to allegations of sexual harassment. Understanding the risks of concealment has never been more important.
The Legal Landscape in Australia
Sexual harassment is strictly prohibited under the Sex Discrimination Act 1984 (Cth) and the Fair Work Act 2009 (Cth). The Respect at Work reforms introduced a positive duty requiring employers to take reasonable steps to eliminate sexual harassment and sex discrimination as far as possible.
From 1 March 2025, Queensland businesses will also be required to implement a written sexual harassment prevention plan under updated WHS Regulations. This plan must identify, assess, control, and monitor risks, with mandatory reviews every three years or after an incident. Employers who fail to comply may face fines exceeding $9,000 per breach.
Nationally, the WHS (Sexual and Gender-Based Harassment) Code of Practice 2025 provides practical guidance to support employers in meeting their obligations.
Risks of Covering Up Sexual Harassment
Legal Liability
Concealing harassment complaints exposes businesses to fines, litigation, and compensation claims. Directors and managers may even face personal liability.
Cultural Damage
Ignoring harassment destroys trust and morale, eroding workplace culture and leading to high staff turnover.
Reputational and Financial Fallout
With today’s transparency, scandals rarely stay hidden. Suppression often leads to public backlash, brand damage, and lost business relationships.
Breach of WHS Obligations
Sexual harassment is a recognised psychosocial hazard. Cover-ups breach WHS duties and invite regulatory enforcement.
What Employers Should Do
Employers must respond to complaints with transparency, fairness, and urgency. This means:
- Having clear anti-harassment policies and reporting channels.
- Conducting impartial investigations promptly.
- Building a culture of safety where employees feel safe to speak up.
For Queensland businesses, implementing a sexual harassment prevention plan by March 2025 is mandatory. For others, adopting similar proactive measures reflects best practice and demonstrates strong leadership.
How NB Employment Law Can Help
At NB Employment Law, we support employers by:
- Drafting compliant policies and prevention plans.
- Conducting independent workplace investigations.
- Advising on compliance with the Respect at Work reforms and WHS laws.
- Training leaders to build safe and respectful workplaces.
Failing to address harassment can have devastating consequences. If your organisation wants to stay compliant and foster a culture of respect, we are here to help.
Contact NB Employment Law today to strengthen your workplace’s compliance and culture.