Timothy Graham v Bankstown District Sports Club Ltd  FWA 7977
FWA has again recently highlighted the importance of conducting workplace training, stating that while policies and procedures are a good starting place for developing the right culture and workplace attitudes, they will prove useless unless supported by training that is effective in both content and delivery. The types of training and content we recommend be regularly delivered to staff includes: expected standards of workplace conduct and behaviour; workplace health and safety; discrimination and harassment; discipline and termination procedures; and grievance procedures, to name a few. All businesses should assess the training they provide to staff members and how it is delivered to ensure they minimise their legal risk and that the right messages are being delivered, including the consequences of non-compliance. To assist you with your training needs, please see FCB’s upcoming training calendar.
In a recent example illustrating the importance of training, FWA has held that the dismissal of a 62 year old employee for making repeated “personal and offensive” remarks about a junior colleague constituted sexual harassment and his dismissal on this basis was not unfair. The employer had in place workplace policies regarding bullying and harassment and had conducted training regarding these matters, including sexual harassment. The training had been attended by the dismissed employee. FWA was satisfied that while the employee had attended this training it was likely he would engage in this type of conduct again as he showed no remorse and no acceptance his conduct was inappropriate. FWA determined it fair and appropriate in the circumstances for the employer to have dismissed the employee rather than to have provided him with a final warning.
Reproduced and written by FCB Workplace Law