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ARTICLE · 24 JANUARY 2025

"Tick And Flick" Gets The Kick: FWC Calls For Proactive Workplace Policy Engagements

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Businesses cannot rely on a 'tick and flick' strategy to implement policies regarding respectful behaviour and unlawful conduct.

AustraliaEmployment and HR
Angela Szczepanski
Angela Szczepanski
Marie Falieros
Marie Falieros
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A recent Fair Work Commission case has sent a clear message to businesses – they cannot rely on a 'tick and flick' strategy to implement policies regarding respectful behaviour and unlawful conduct in the workplace.

The decision reminds employers to be proactive, rather than reactive, when taking steps to prevent unlawful conduct from occurring in the workplace or in connection to work, in line with their legal obligations under the Sex Discrimination Act 1984 (Cth).

Samad v Phosphate

In Samad v Phosphate Resources Ltd (t/a Christmas Island Phosphates) [2024] FWC 2868 (Samad v Phosphate), a truck driver was dismissed by his employer for 'serious misconduct' after making inappropriate comments and sexual gestures to, and about, another employee, which then escalated into an aggressive altercation.

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