Sexual Harassment Investigations & Prevention: Echuca
The rules have changed for every employer in Victoria. With the recent amendments to the Sex Discrimination Act introducing a Positive Duty to prevent sexual harassment, business owners in Echuca and Moama can no longer just “react” to complaints—they must actively prevent them.
Sexual harassment is not just a “corporate” issue. From seasonal tourism staff in Moama’s holiday parks to professional office environments in Echuca’s CBD, harassment claims can shatter a company’s reputation in a small town. In a community where “everyone knows everyone,” a mishandled complaint doesn’t just result in a lawsuit; it results in a permanent stain on your brand.
Jolasers helps you handle these sensitive matters with absolute discretion, procedural fairness, and a deep understanding of the new legal landscape.
Why You Cannot Investigate Harassment Internally
In a metropolitan city, an HR manager might be able to investigate a complaint with some degree of anonymity. In a regional hub like Echuca, this is nearly impossible.
The “Conflict of Interest” Trap:
Can your Office Manager fairly investigate their friend, their cousin, or the owner’s son? Even if they try to be objective, the perception of bias will destroy the validity of the outcome. If the accuser feels the process was “rigged” by local connections, they will bypass you and go straight to WorkSafe or the Human Rights Commission.
The “Rumour Mill” Risk:
Internal handling often leads to leaks. An external investigator ensures confidentiality. We come in as neutral outsiders, conduct the interviews privately, and leave. This containment strategy is essential for protecting the dignity of all parties involved.
Understanding Your “Positive Duty”
The new legislation shifts the burden from the victim to the employer. You must now demonstrate that you took “reasonable and proportionate measures” to eliminate sex discrimination, sexual harassment, and victimization.
We assist Echuca businesses in meeting these obligations through a three-pillared approach:
- Response: Conducting independent, impartial investigations into current allegations to stop behavior immediately.
- Prevention: Reviewing your current culture to identify “high risk” zones (e.g., after-hours social events, isolated work environments).
- Education: Ensuring your staff understand that “jokes” or “banter” acceptable 10 years ago are unlawful today.
Navigating the “Grey Areas”
Most harassment cases are not black and white. They often involve:
- “Banter” or jokes that crossed a line.
- Consensual relationships that went sour.
- Conduct at work social functions (The “Christmas Party” scenario).
- Text messages sent after hours.
This is where Jolasers excels. We apply the “Reasonable Person Test” to determine if the conduct meets the legal definition of harassment. We parse through the text messages, the social media interactions, and the witness accounts to build a factual timeline of events.
Frequently Asked Questions
My employee wants to complain but “doesn’t want a formal investigation.” What do I do?
This is a dangerous trap. Once you are on notice of a safety risk (and harassment is a safety risk), you have a duty to act. Ignoring it because the victim is hesitant can leave you liable. We can advise on how to proceed sensitively but firmly.
Can we just fire the accused to be safe?
No. The accused has a right to procedural fairness. Firing them without a proper investigation will almost certainly lead to an Unfair Dismissal claim, which they will likely win. You need evidence first.
Protect Your Staff and Your Reputation
Don’t wait for a claim to escalate. Engaging an independent expert demonstrates to your staff—and the regulators—that you take safety seriously.
Speak to a Specialist Investigator