How To Deal With Sexual Assault In The Workplace

How to deal with sexual assault in the workplace raises a question employers find difficult. What happens if the affected person does not want anything done?

Their wishes matter and they are not the only consideration. Work health and safety duties are owed to everyone, and an organisation that knows about a serious risk cannot simply set it aside because one person asked it to.

That tension has to be handled honestly rather than by choosing one side quietly. Say at the outset what the person controls and what the organisation may have to do regardless. Explain why, in terms of risk to others rather than process. Keep them informed about anything that affects them. And take advice, because these decisions are difficult and fact specific.

What is not acceptable is promising a person control you cannot give them.

Safe Work Australia covers duties owed to all workers. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s sexual harassment course for managers and HR policy templates.