Sexual harassment at work: employer liable despite policies and training
Think your online training modules will save you? Think again.
In finding that a junior employee at a large national employer was repeatedly sexually harassed by a senior manager while at work, the Queensland Industrial Relations Commission (QIRC) also found the employer vicariously liable under the Anti-Discrimination Act 1991 (Qld) (Discrimination Act). [1]
The employer’s 'reasonable steps' defence failed. Not because the content of its policies or training were wrong, but because of the way training was delivered. It was generic and not specific to the manager, taking into account his history of offending.
Key takeaways for employers
Clear and compliant training content and policies are only one (albeit mandatory) piece of the puzzle. They must be paired with genuine employee engagement with the material.
Genuine employee engagement requires dedicated training time, away from regular duties. Consider replacing ‘click through’ training modules with live sessions or, if this is not possible, use those modules to supplement other training modes.
If on notice of problematic conduct, reassess whether your standard ‘steps’ are reasonable in the circumstances or whether tailored training or counselling is warranted.
Sexual harassment conduct: what happened
In 2016, the employer investigated allegations that the manager sexually harassed a junior employee and was issued a final warning.
On multiple occasions in 2020 and 2021, the manager directed sexualised comments and unwanted physical contact towards another junior employee and was ultimately dismissed for this conduct. The harassment occurred repeatedly at work and also at a private event. The employer was not held liable for the manager’s conduct at the private event, as it did not occur in the course of work.
Why the 'reasonable steps' defence failed
To defend the vicarious liability claim, the employer needed to show it had taken reasonable steps to prevent the sexual harassment. The QIRC accepted that 'reasonable steps' are practical and proportionate, and that employees don’t need to be trained as subject matter experts.
The employer’s policies were clear. They prohibited sexual harassment and explained reporting pathways, and employment contracts required compliance with those policies. Training modules explained that sexual harassment is unlawful, identified the relevant law and company policy and the potential employer liability.
The QIRC found that while the content of the training was reasonable, the way in which employees completed that training was not. Modules were completed every two years. No genuine engagement was required, as quiz answers could be changed until correct and training slides could be skipped. Managers and staff were not afforded dedicated time to complete the training. The QIRC commented that ‘genuine training cannot reasonably occur when employees are completing the training online whilst simultaneously attending to their duties.’
The employer also did not take reasonable steps with respect to the manager, and was on notice that the manager posed a heightened risk, because of his 2016 conduct and final warning. Despite this, no additional controls were put in place.
The QIRC considered it likely that targeted training (delivered properly) and regular reminders that any further breach would likely end the manager’s employment would have deterred further misconduct.
If you’d like help testing your 'reasonable steps' or building a prevention plan that stands up, please reach out to our Employment team.
[1] Loquias v The Star Entertainment Group and John Dwyer [2026] QIRC 023
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