PwC-linked sexual assault lawsuit highlights 'positive duty' obligations for employers
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.
A Fair Work case brought by a former graduate employee against PwC has raised broader questions over a company’s obligations to prevent workplace harassment from occurring, regardless of where it happens, legal experts say.
PwC has said it is not liable in the case brought by the former graduate employee who was allegedly sexually assaulted by a manager outside the office, arguing the incident was not connected to her employment.
A national inquiry into workplace sexual harassment led to the introduction of the "positive duty" obligation, making it a legal requirement for companies of any size to take proactive measures to eliminate sexual harassment and sex discrimination. That requirement has been enforceable by the Australian Human Rights Commission since December.
“It’s questionable whether a defence of this nature complies with the positive duty to eliminate sexual harassment. It doesn’t encourage transparency by giving other victim-survivors the confidence to speak out, and it doesn’t respond to the complaint in a trauma informed way which minimises the harm to people involved," Mia Pantechis, a principal lawyer with law firm Maurice Blackburn told Capital Brief.
