A Company Director approached us with a serious issue; a long-term employee in their 60s had filed a complaint alleging sexual harassment and age discrimination. Handling such cases in a small regional office, where confidentiality can be particularly challenging, required a nuanced and sensitive approach.

Key Details of the Case

Our investigation revealed a complex relationship between the complainant and the respondent, characterised by a history of social interactions and banter of a sexual nature. This long-term dynamic raised critical questions:

• Were these interactions consensual and entirely personal, or a form of workplace misconduct?
• Did the complainant feel coerced into participating to protect their job?

Needless to say, both parties had their own perspective, and they strongly defended their position with compelling evidence to support it.

Investigation Findings

Our key focus during investigations is to find the facts and identify whether a breach of organisation policies and procedures has taken place or not, on balance of probabilities. As this investigation concluded, it brought to the surface broader cultural issues within the organisation such as an expectation to participate in sexual talk, jokes and banter. The male dominated workplace had considered themselves immune to allegations of sexual misconduct and took pride in their ‘happy and jovial’ place of work.

Recommendations for Improvement

Following the investigation, we provided a comprehensive report to the client outlining the facts and detailing whether each allegation was substantiated or unsubstantiated. On request of the client, we also provided a comprehensive list of recommendations emphasising the importance of:

1. Policy Reinforcement and Breaking Paradigms: Implementing stronger workplace policies on anti-discrimination, anti-bullying and sexual harassment, applicable to all employees, regardless of position, gender, age or influence.
2. Leadership Education: Providing training for directors and senior managers to:
   • Understand their responsibilities and obligations.
   • Clearly define and enforce boundaries within professional relationships.
   • Ensure senior leaders didn’t use their positions unfairly or as a ‘rite of passage.’
3. Cultural Transformation: Encouraging the entire team to model appropriate behaviour and foster an inclusive, respectful workplace culture.

It is essential to differentiate between casual workplace banter and behavior that constitutes misconduct. Leaders must set the tone for a healthy workplace environment.

Summary of Recommended Actions

1. Confidentiality Management: Adopt strict protocols for handling sensitive matters, especially in small or close-knit teams.
2. Policy Review and Update: Regularly review and update workplace policies to ensure they are comprehensive and widely communicated.
3. Leadership Training: Equip leaders with the skills to recognise, address and prevent workplace misconduct and discrimination.
4. Cultural Assessment: Conduct periodic reviews of workplace culture to identify and address systemic issues.
5. Clear Reporting Pathways: Establish straightforward and accessible channels for employees to report grievances without fear of reprisal.

By addressing these areas proactively, organisations can mitigate risks, foster a culture of respect and ensure compliance with legal and ethical standards.