The events surrounding the Bruce Lehrmann/Brittany Higgins case and Justice Michael Lee’s closing remarks in the recent Channel 10 defamation suit have sparked crucial conversations about workplace safety, culture, and accountability. No matter what you think of this case and the recent outcomes of the defamation trial, I think we can all agree that there were no winners out of this, and it is not over yet. People’s lives have been turned upside down with significant effects on all those involved, and I suspect, long-lasting trauma and impact on mental health. These events, together with the Respect@Work Report by Kate Jenkins and her team in 2020, offer valuable insights not only for human resources (HR) but also for senior leadership in organisations seeking to foster inclusive and supportive workplace environments. So what should be the key areas of focus for HR in response?
1. Duty of Care
HR and senior leadership must jointly prioritise their duty of care towards employees. This entails ensuring physical and psychological safety, as well as protection from harassment and discrimination. By working together, HR and senior leadership can develop and implement policies and procedures that reflect a commitment to employee well-being and safety.
2. Culture and Accountability
To address toxic workplace cultures and promote accountability, HR and senior leadership must collaborate on fostering environments of respect, transparency, and accountability. The Respect@Work Report (Kate Jenkins; 2020) shed light on the pervasive culture of silence, impunity, and power imbalances that enable harassment and discrimination to persist within workplaces. By setting a tone of zero tolerance for harassment and discrimination from the top down, senior leadership can reinforce HR’s efforts to cultivate a culture where all employees feel valued and respected.
3. Psychological Safety
Creating psychologically safe workplaces requires a concerted effort from HR and senior leadership. It was noted in The Jenkins Report that fear of reprisal often prevents victims from coming forward with their experiences. We also know that the extensive use of confidentiality agreements has hidden the true extent of harassment, discrimination and bullying in the workplace. This needs to change. By providing resources such as counselling services and creating channels for open communication and support, organisations can help employees feel empowered to report harassment or misconduct without fear of retaliation. HR can and should take a systemic approach and prioritise initiatives that promote psychological well-being and build resilience. This must be led from the top.
4. Rebuilding Trust
These recent events have eroded public and employee trust in the ability of organisations to address workplace harassment effectively. By demonstrating transparency, accountability, and a commitment to meaningful reform, organisations can begin to rebuild trust with employees. HR can play a key role in implementing the recommendations outlined in the Jenkins Report, while senior leadership can provide the necessary support and resources to drive change.
5. Intersectionality and Diversity
The Respect@Work Report highlighted the intersecting dynamics of gender, power, and privilege that contribute to workplace harassment and discrimination. To address the intersecting dynamics of workplace harassment and discrimination, HR and senior leadership must take an intersectional approach. By considering the diverse experiences of employees based on their intersecting identities, organisations can develop policies and programs that are inclusive and responsive to their needs. HR can work with senior leadership to ensure that diversity, equity, and inclusion are prioritised in all aspects of organisational culture and practices.
The Bruce Lehrmann/Brittany Higgins case and the Kate Jenkins Report (Respect@Work; 2020), underscore the need for the human resources team and senior leadership to work together in effecting meaningful change in workplace culture. By jointly prioritising duty of care, fostering cultures of accountability and respect, promoting psychological safety, rebuilding trust, and embracing intersectionality and diversity, organisations can create safer, more inclusive, and equitable workplaces for all employees. It is through this collaborative effort that organisations can truly transform their workplaces and ensure the well-being and success of their employees.
