Nine could be vulnerable to ‘positive duty’ obligations amid internal scandals
Lawyers have told Capital Brief any potential findings of broader cultural issues could leave Nine vulnerable to enforcement under new workplace laws passed in December.
Australia's largest domestic media operator Nine Entertainment may be exposed to new 'positive duty' laws that require employers to proactively prevent sexual harassment and discrimination in the workplace as a series of scandals rock the company.
Nine has this week been hit by media reports containing allegations of inappropriate behaviour by former senior executive Darren Wick. An initial complaint against Wick was investigated by a law firm, which did not make any findings against him. However, this week Nine CEO Mike Sneesby ordered an independent investigation into the company's newsroom culture and processes, following a string of additional allegations earlier this week.
Companies of any size are legally required to take proactive measures to prevent sexual harassment and sex discrimination, according to "positive duty" obligations enforceable since December.
“To the extent that any allegations took place after the positive duty obligation — they are vulnerable,” Addisons partner Martin O’Connor told Capital Brief, adding that a broader cultural question exists both pre and post positive duty.
