Protecting workers from sexual harassment: Commission investigation promotes safer retail workplaces

Friday 5 August

Conducted with the full cooperation of Bakers Delight Holdings, the investigation identifies what Bakers Delight does well and where it falls short of its responsibility to take steps to eliminate sexual harassment as far as possible in its workplaces, as required under the Equal Opportunity Act 2010.

Bakers Delight is a well-loved Australian brand, with company-owned bakeries and a retail franchise. The investigation was not launched in response to reported incidents of sexual harassment, but to address the well-understood and concerning prevalence of it occurring in the retail industry.

“Both the Commission and Bakers Delight Holdings recognise that bakeries, like many other retail environments, can be a high-risk workplace for sexual harassment, particularly for women and casual workers.

“Instead of relying on complaints to improve the workplace, the investigation sought to ensure policies and processes are in place to prevent sexual harassment occurring in the first place,” said Ro Allen, Victorian Equal Opportunity and Human Rights Commissioner.

“Our bakeries should be a happy and safe environment for everyone to work in, so partnering with the Commission on this investigation has allowed us to identify a number proactive measures we can implement right now to ensure this continues to be the case well into the future,” said Bakers Delight Joint CEO, Elise Gillespie.

“We all have a responsibility for preventing sexual harassment in the workplace and we are confident the recommendations in this report will go a long way towards helping other Victorian retail and franchise businesses to comply with their positive duty to create safer, more respectful workplaces.”

Bakers Delight Holdings have agreed to all recommendations in the Commission’s report, and Bakers Delight Holdings have already begun implementing recommendations.

“We commend Bakers Delight Holdings on their willingness to take action to prevent sexual harassment,” said Emily Howie, General Counsel, Victorian Equal Opportunity and Human Rights Commission. “It sends a strong message to other Victorian retailers and head franchisors to do the same.”

Further steps include developing a sexual harassment prevention plan, implementing staff training, updating policies and procedures, regular communication to employees and developing a central register of reports.

In Victoria, employers must do more than simply respond to incidents of workplace sexual harassment. Employers have an obligation, known as ‘the positive duty,’ to eliminate sexual harassment as far as possible. The positive duty is unique to Victoria and this is the first investigation to focus on an organisation’s compliance with it. The Sex Discrimination Commissioner recommended a similar positive duty be introduced at a national level in her Respect@Work report.

“It’s not fair for the burden of fixing workplaces to rest solely with people who are harmed by poor behaviour. Complaints processes are important, but more needs to be done to change workplace culture.” said Emily Howie.

The investigation’s outcomes will be particularly helpful to employers and head franchisors to understand their obligations under Victorian law to create safe and respectful workplaces. It also provides guidance for employees of those businesses in better understanding their rights.

 

The Victorian Equal Opportunity and Human Rights Commission has responsibilities under the Act and can use its powers to carry out investigations to understand and find solutions to systemic issues.

• Full report: Investigation: Preventing sexual harassment in a retail franchise
• Guideline for employers: Preventing and responding to workplace sexual harassment – Complying with the Equal Opportunity Act 2010

Aram Hosie
Head of Strategic Communications
Victorian Equal Opportunity and Human Rights Commission
T: 0447 526 642 | E: aram.hosie@veohrc.vic.gov.au