Unwelcome Sexual Contact

Unwelcome sexual contact sits at a point most workplace policies handle badly, because physical contact of a sexual nature can be a criminal offence as well as a workplace matter.

When an employer treats it as an internal conduct issue first, three things tend to go wrong. The person is discouraged, sometimes unintentionally, from going to police. An internal investigation can compromise a later criminal one. And the outcome available internally, at most dismissal, may sit far below what the conduct warrants.

The safer approach is to tell the person clearly that they can report the matter to police, that the choice is entirely theirs, that support is available either way, and that the employer will act on its own obligations regardless of what they decide to do.

The Australian Human Rights Commission covers the workplace duty. This is general information rather than legal advice.

See Sentrient’s sexual harassment course and incident reporting software.