CHCLEG003
Manage Legal and Ethical Compliance
| Case Study 1: KELLY AND THOMAS |
| Kelly has just completed her Certificate IV in Community Services and is very pleased to be given a job working as a youth residential care worker.
Kelly enjoys the work and finds the house supervisor to be very helpful in teaching her the ropes. After a few months, the house supervisor advises Kelly that he will be placing her on night shift with the other night worker – Thomas. Kelly is a bit uncomfortable about working with Thomas, especially during the night, but she appreciates the responsibility of working nights. The shift penalties also mean more money in her pay. When Kelly starts working with Thomas, he casually questions her about her personal life. He asks her questions about whether she has a boyfriend and about her first-time sexual encounter. Kelly finds this intrusive as she has never been asked these types of questions by anyone else in a workplace. But she thought this might just be Thomas trying to be friendly and make an effort to get to know her better. Kelly has a strong commitment to her job and a loyalty to do her best for her older clients. Thomas begins to give Kelly compliments on how she looks and presents herself, most especially he admires her breasts. He makes comments like, ‘If I wasn’t already married and I was your age I would be all over you by now!’ Kelly’s discomfort around Thomas grows when he starts to read sexually explicit content in magazines that he brings from home. He also shows her pornography on the Internet, saying that he has caught his sons accessing it. One night when all the clients were in bed asleep, Thomas asks her to have sex with him. Kelly calls the on-call manager, saying she is sick and needs to leave her shift immediately. She never returns to work. |
1. What Commonwealth legislation does this situation breach? Provide an explanation to support your answer.
2. Describe the implications (risks, consequences, penalties) that could arise to both Kelly, Thomas and the employer as a result of this situation.
3. Describe the responsibilities of Kelly, Thomas and the employer.
4. Imagine you were the manager. Explain how you would respond to this situation if this occurred at your workplace. Include reference to legal compliance, policies and procedures, training requirements, monitoring and compliance review and assessment.
In this case study, we examine a challenging situation involving Kelly, a youth residential care worker, and Thomas, her colleague. Thomas’s inappropriate behavior raises concerns about legal and ethical compliance in the workplace. As the manager, it is crucial to address this situation promptly and effectively to ensure the safety and well-being of the employees and clients and maintain compliance with relevant legislation and policies.
The situation described in the case study breaches several Commonwealth legislations, including:
Sex Discrimination Act 1984: Thomas’s intrusive questioning and sexual comments directed towards Kelly constitute sexual harassment, which is prohibited under this Act. Additionally, his unwelcome advances are a form of sex discrimination.
Workplace Health and Safety Act 2011: The workplace has a duty of care to provide a safe environment for employees, and Thomas’s behavior creates an unsafe and hostile work environment for Kelly.
Criminal Code Act 1995: Thomas’s request for sex with Kelly can be considered as an attempt to procure sexual intercourse by intimidation, which is a criminal offense under this Act.
Kelly: Kelly may suffer emotional distress, anxiety, and discomfort due to Thomas’s behavior. She may experience adverse impacts on her mental health, work performance, and overall well-being.
Thomas: Thomas faces potential disciplinary actions, termination of employment, or legal consequences for his inappropriate behavior and violation of workplace policies.
Employer: The employer may face legal ramifications for failing to address and prevent workplace harassment, which could result in financial penalties, reputational damage, and potential lawsuits from affected employees.
Kelly: Kelly has the right to work in a safe and respectful environment, free from harassment and discrimination. Her responsibility is to report any inappropriate behavior promptly and cooperate in the investigation process.
Thomas: Thomas has a responsibility to treat colleagues with respect and professionalism, adhering to workplace policies and ethical standards.
Employer: The employer has a duty to provide a safe and supportive workplace, promptly address complaints, and take appropriate action against employees engaged in misconduct.
Immediate Action: As the manager, I would ensure that Kelly’s safety and well-being are the top priority. I would encourage her to leave the workplace if she feels unsafe and support her decision to do so.
Reporting and Investigation: I would initiate an immediate investigation into the matter, ensuring confidentiality for all parties involved. The investigation would follow the organization’s policies and procedures.
Legal Compliance and Policy Review: I would review the relevant policies, including the Anti-Discrimination Policy, Sexual Harassment Policy, and Code of Conduct, to ensure they are up to date and clearly communicate the expectations regarding behavior in the workplace.
Training: I would provide additional training on sexual harassment prevention, diversity, and inclusion to all employees, including Thomas, to promote a respectful work environment.
Monitoring and Compliance Review: Regular monitoring of the workplace atmosphere and conducting compliance reviews would help identify and address any future issues promptly.
Disciplinary Action: If the investigation confirms Thomas’s misconduct, I would take appropriate disciplinary action, which may include counseling, retraining, suspension, or termination, depending on the severity of the offense.
In managing legal and ethical compliance in the workplace, it is essential to address inappropriate behavior promptly and follow established policies and procedures. Creating a safe and respectful work environment requires proactive measures, such as regular training, monitoring, and compliance reviews. By responding effectively to situations like the one involving Kelly and Thomas, managers can uphold legal obligations, protect employees’ rights, and promote a positive organizational culture that values respect, inclusivity, and professionalism.
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