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FWC highlights positive duty, finding harassment went "unchecked"

An employer has been warned to do more to meet its positive duty to prevent s-xual harassment, after the Fair Work Commission found an employee's inappropriate behaviour went "unchecked" for years.

Commissioner Sarah McKinnon found the employer's culture didn't encourage staff to report misconduct; instead, workers tried to manage issues on their own, which ultimately led to the employee's behaviour continuing for "lengthy periods".

She highlighted the employer's legal obligations to prevent harassment, which should include specific training for managers and employees, and "letting go of the notion that [it] can only act on alleged misconduct if there is a 'formal complaint'"...

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