There has been a noticeable increase in the number of
allegations of sexual harassment over the past 12 months. This
trend, commonly attributed to the publicity surrounding the
David Jones/McInnes/Fraser-Kirk case in 2010, has been
reported by employment lawyers generally, and has also been
noticeable in our practice.
Employers need to be aware that the risk of sexual
harassment or discrimination claims has increased
significantly.
The issue doesn't have to be about 'mega-dollar
claims' to be a significant risk. In many instances, the
employer receiving a complaint of sexual harassment has never had
to field such an issue before, and is starting from scratch on the
necessary steps and the various risks which arise. Each situation
is different and requires very careful handling, as the employer is
at risk of a discrimination claim by the person claiming to have
been harassed, but at the same time may face unfair dismissal
proceedings or other claims in relation to