Harassment and Discrimination Laws Broken – Your Bill
By Franca Sala Tenna -
Hindsight is a great thing. With hindsight we would change so many of our actions, or would we? Big Audio Dynamite sing, “if I had my time again I’d do it all the same.” Is this the song that employers sing when it comes to how they treat their employees, even when there is a large body of research speaking as the voice of hindsight, calling out, “beware, danger, do things differently.”
Recent research has shown that a shocking 53% of people questioned in a BBC study reported being victims of workplace bullying or harassment at one point in their careers, with as many as 77% of respondents either witnessing workplace bullying or being aware of its existence in their place of employment. If an employer is lucky, or well-trained, it can resolve the behaviour internally. That is the best option. However, if that does not happen the employer can face legal action for breaching equal opportunity laws, unfair dismissal, criminal injuries compensation and possibly even defamation. Even if the employer wins, they are unlikely to recover any legal fees.
An employer also has to consider the hidden costs which occur. Replacing staff, staff absenteeism, payment for health-related problems due to the behaviour, lower staff morale and therefore lower staff work performance are some of the flow on costs from the illegal behaviour.
Whichever way you look at it, it all adds up and an employer is the one who will have to pay.
Consider this scenario:
Account rendered for breaching EEO laws
ITEMS
1. Internal Investigative Process $3,100
2. Internal Settlement of Complaint $13,600
3. Related Health and Medical Expenses $35,800-119,500 per employee
4. Legal Costs (to take it to trial) $15,600
5. Trial Costs (average hearing 4 days) $31,000-71,000
6. Staff Replacement (1 in 4 victims will leave) $52,500-150,000
7. Absenteeism $15,400
8. Low Staff Morale & Decreased Staff Performance $29,000
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TOTAL PAYMENT DUE $196,000-417,200
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How much is a safe, fair workplace worth?
It makes no business sense for employers to allow unfair and illegal behaviour to occur in the workplace (whether knowingly or not), especially when there is a real solution to the problem.
The Equal Opportunity Act 1984 (WA), and other similar legislation in all the states in Australia, provides a platform from which employers can establish their company’s policies and practices in this area. But employers, be ware, written policies are not enough, they have to be followed up by ongoing employee training in the area and consistent application of the policies to all employees at all times.
Franca Sala Tenna
LLB, Bsc, DipEd.
Legal Consultant and Trainer http://franca.com.au/
Employers, are you protected from legal action an employee might commence because of illegal behaviour from another employee? Know your responsibilities about sexual harassment and discrimination. Don’t get lumped with a big bill. Email me today for a FREE consultation.
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