Sexual Harassment

[AF33]

I have a situation at the moment where a male staff member is making inappropriate comments to female employees. I have had 2 females come to me about the individual and the approach they have chosen to take is to deal with it informally with the individual (i.e. telling him to stop if it happens again), rather than through me (HR) and a formal grievance process.

Can I raise this with the male employee even though the females have chosen the informal approach as it appears his behaviour is well known to others, and it needs to be addressed. I am also arranging general EEO training for all employees.

Thanks

[HHR]

Hello AF33

You are obligated to address the issue.

You may want to look at the case of Smith v Grand Hyatt. The Commission considered the employer should have immediately counseled and warned the harasser regardless of the "victim's" request that they do nothing because if the employer had done so he may have been able to correct his behaviour and avoid his ultimate dismissal.

However, you walk a fine line in deciding the right way to address it. You have definitely taken the correct action by organising the training, and I assume you have a good policy and procedure in place? I would follow up again with the 2 employees and explain to them that the only way you can help them is to address the issue with the employee and ask them to provide you with written statements - and explain your obligation to do so. If they don't want to do this then I would still be organising a meeting with the alleged harasser and his manager to remind them of what is appropriate behaviour and the possible consequences of not behaving appropriately - and keep a record of the meeting just in case you need it later. And then monitor the situation with the manager and complainants.

HHR