ARTICLE · 16 AUGUST 2010

Trade Practices Act: A New Path For Sexual Harassment Claims?

Clayton Utz

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All corporations and organisations in Australia should be paying attention to the David Jones sexual harassment case, because, if it succeeds, there will be a new, and quicker, path for making claims of sexual harassment.

AustraliaEmployment and HR

Joe Catanzariti

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All corporations and organisations in Australia should be paying attention to the David Jones sexual harassment case, because, if it succeeds, there will be a new, and quicker, path for making claims of sexual harassment.

The claims being made by Kristy Fraser-Kirk are based on alleged breaches of the Trade Practices Act (TPA) - that is, as "misleading or deceptive" conduct.

While it is too early to make any comment on the strength or merits of her allegations, they do have broader implications for other organisations. In particular they could affect the way that your organisation expresses its policies on inappropriate or unsafe or illegal behaviour in the workplace, and presents them to your employees.

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