Subscribe to our mailing list

Why meaningful face to face training on bullying, sexual harassment and discrimination is more important than ever

Share

A decision by the Fair Work Commission (FWC) last year highlights the importance of providing comprehensive, interactive training on workplace policies. The case involved a 62-year-old truck driver dismissed for serious misconduct. It reveals the risks that employers face when they fail to ensure that employees fully understand their workplace obligations.

A truck driver with 20 years of service was terminated by Christmas Island Phosphates (CIP) after repeatedly bullying a colleague. CIP alleged breaches of several policies, including their code of conduct, anti-discrimination and harassment procedures, and psychosocial safety standards, but the FWC found the dismissal harsh and unjust, primarily due to the lack of proper training provided to the employee (Ramlan Abdul Samad v Phosphate Resources Ltd T/A Christmas Island Phosphate [2024] FWC 2868).

The problem with “tick and flick” training

The FWC found that CIP’s approach to training on critical workplace policies amounted to a “tick and flick” exercise. Policies were briefly discussed at a 30-minute toolbox meeting, and employees were left to collect copies afterward.

Deputy President Peter O’Keeffe noted that the brief nature of the meeting and potential language barriers among the workforce meant that employees were not fully informed of crucial policies, particularly around sensitive topics like harassment, bullying, and psychosocial safety.

Dismissal harsh due to lack of understanding

While the truck driver’s behaviour was inappropriate, the FWC found that his dismissal was unfair, in part because he was not adequately trained to understand why his behaviour was unacceptable.

The FWC concluded that had the truck driver been properly trained in a culturally and linguistically appropriate manner, his behaviour might have been different.

Positive duty to prevent

In addition to risk of unfair dismissal, employers must be mindful of whether their current training practices would satisfy the positive duty to prevent sex-based harassment and discrimination under the Sex Discrimination Act 1984 (Cth). Meaningful face-to-face training is a key factor in a proactive approach as it enables participants to gain a deeper understanding of issues often through interactive discussions, role-playing scenarios, and personal reflection.

If face-to-face training is impractical or cost prohibitive because of a geographically dispersed workforce, employers should still attempt to incorporate these features as far as possible through the use of interactive videoconferencing platforms. However, it will be more challenging to create an open and psychologically safe learning environment for participants online, especially for larger groups.

 

Invest in effective training

This case serves as a timely reminder to employers about the expectations of tribunals in relation to communicating workplace policies. Generally, online training provides a surface-level introduction to these topics as they are often self-paced and generic and rarely allow for the nuance needed to explore complex issues.

Effective training should involve discussions, examples, and scenarios that employees can relate to. It should encourage questions and ensure that employees understand both the letter and the spirit of the policies. The group size should be such that employees are willing to ask questions and participate in discussions.

What skills are needed as a Facilitator?

Conducting effective face-to-face training on sensitive topics like harassment and discrimination requires a skilled facilitator whether this person is internal or an external provider. Key facilitation skills include:

Content Knowledge: Understanding the key concepts of the sexual harassment, discrimination, bullying and psychosocial hazards is important. The area is legally complex. Whilst the facilitator does not need to be legally qualified, they need to be able to respond to questions accurately and simplify complexity.

Conflict Resolution Skills: Facilitators should be equipped to navigate conflicts that may arise during discussions, redirecting any challenging interactions constructively.

Strong communication skills and emotional intelligence: Facilitators must have the skills to create a safe and inclusive environment where participants feel comfortable sharing and asking questions.

Cultural Awareness: Since discrimination and harassment issues often involve cultural sensitivities, facilitators should be skilled at addressing diverse perspectives and promoting inclusivity.

Key takeaways

Minimal compliance education (e.g. toolbox meetings or self-paced online modules) may be administratively efficient but is proving insufficient for organisations to fulfill their obligations in the current legislative framework. Employers are expected to be proactive in ensuring that employees understand their obligations and the consequences of their actions. Investing in meaningful training on workplace policies is a key factor in satisfying this positive duty.

Connect with us

Mapien has several consultants who are experienced trainers in addition to having consulting expertise in these areas. They bring this wealth of experience to the training. Our training is also tailored to our clients’ needs rather than an off the shelf product. This combination of tailored training and experienced facilitators provides an optimal environment for learning which can be practically applied in the workplace.

Contact us today for more information: hello@mapien.com.au

Written by:
Katy Russell
Mapien’s in-house expert in conflict resolution, Katy uses a strategic approach to diagnose the root causes of conflict and develops inventive, yet practical advice to manage difficult situations.