Gaps "likely" as employers grapple with positive duty compliance

A proactive investigation into whether an employer complied with a positive duty to prevent workplace sexual harassment has identified several areas for improvement, with a commission flagging this is likely to be the case among other businesses.

The Victorian Human Rights Commission released a report after investigating whether Bakers Delight Holdings complied with its positive duty to prevent sexual harassment as far as possible, as required under the State Equal Opportunity Act.

The Commission stresses its investigation wasn't in response to specific complaints, but rather a preventative measure, given the organisation is part of a high-risk industry for harassment.

And although the same legislation doesn't currently exist in all states, the Federal Government's plan to introduce a positive duty means all employers should consider this report a warning to update their policies and practices.

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