Content warning: this article discusses alleged sexual assault and violence and may be distressing to some readers.

‍

Last week, The Sydney Morning Herald and Good Food released a joint investigation that includes claims of sexual assault at one of Sydney’s most prominent bar and restaurant groups, Swillhouse. If you’re a Sydney-sider and Swillhouse isn’t ringing a bell, then you may know the group by some of its popular venues, which include: Le Foote, Restaurant Hubert, the Baxter Inn, and Caterpillar Club. 

‍

A Stark Reminder of Workplace Realities

The recent allegations involving Swillhouse have sent shockwaves through the Australian hospitality industry. Allegations of sexual harassment, bullying, and a toxic workplace culture have surfaced, revealing a dark underbelly that has left many questioning the safety and integrity of their work environments.

The allegations serve as a wake-up call for industry-wide reform, and serve as a stark reminder of the consequences of failing to create a safe and respectful workplace. Former employees have recounted experiences of sexual harassment, intimidation, and a culture that seemed to prioritise profit over the wellbeing of staff. These incidents, including the failure to adequately address complaints and protect vulnerable employees, highlight significant gaps in the company’s approach to workplace safety.

This investigation underscores the critical need for proactive measures in workplaces across Australia. As the Respect@Work Act comes into force, employers are being reminded that they cannot afford to be complacent. The legislation demands a fundamental shift in how organisations address sexual harassment and bullying, moving from a reactive stance to one of prevention and accountability.

‍

What is the Respect@Work Act?

In response to widespread issues of workplace harassment and discrimination, the Respect@Work Act was introduced to reshape the legal landscape in Australia. Described as "game-changing" by Australia's former Sex Discrimination Commissioner, Kate Jenkins, this legislation imposes a positive duty on employers to eliminate, as far as possible, sexual harassment, sex-based discrimination, and hostile work environments. Jenkins – who led the development of the Respect@Work inquiry and report – also said:

"The right of workers to be free from sexual harassment is a human right, a workplace right and a safety right. This legislative reform will create a regulatory environment in Australia that is key to the realisation of that right for all Australian workers."

These changes are not just legal formalities for organisations—they represent a new standard for workplace safety and respect. Under the Respect@Work Act, employers are required to take reasonable and proportionate measures to prevent harassment before it occurs, rather than relying on victims to come forward after the fact.

The Respect@Work Act amends the Sex Discrimination Act 1984 to introduce:

1. A new positive duty on employers and PCBUs ("Persons Controlling a Business or Undertaking") to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based discrimination and harassment, hostile workplace environments and victimisation. The Act expressly acknowledges that the new positive duty does not limit or otherwise affect a duty that an employer or PCBU has under work health and safety legislation.
2. An express prohibition against subjecting another person to a workplace environment that is hostile on the ground of sex.
3. A lower threshold for sex-based harassment, by requiring the conduct to be 'demeaning' rather than 'seriously demeaning'.

‍

Psychosocial Hazard Management

Bullying and harassment is included within the range of psychosocial factors that can affect the mental health of an employee. Psychosocial hazard management is now a legal requirement, and employers are expected to identify, assess, and implement control measures to mitigate identified risks.

So how can your workplace effectively manage psychosocial hazards? InCheq’s software provides the tools needed to assess, monitor, and address psychosocial risks effectively, including bullying and harassment. Our solution helps employers identify potential issues before they escalate, ensuring that their workplaces are not only compliant with the Respect@Work Act but also conducive to the wellbeing of all employees.

InCheq is here to help organisations navigate the complexities of the Respect@Work Act and the Code of Practice on Managing Psychosocial Hazards at Work in order to create safer, more respectful workplaces. We offer a targeted surveys designed to support your compliance efforts, ensuring that your organisation is aligned with these new legal requirements.

‍

How InCheq Can Support You

• Conduct a Workplace Psychosocial Hazard Assessment: Bullying and harassment is included within the range of psychosocial factors that can affect the mental health of an employee. Psychosocial hazard management is now a legal requirement, and employers are expected to identify, assess, and implement control measures to mitigate identified risks. With our software, you’ll be able to identify and address potential hotspots for harassment and bullying and implement control measures from our library of recommendations and action plans accordingly. 
• Conduct a Bullying and Harassment Assessment based on the Respect@Work regulations: if you’re after a more tailored approach specific to bullying and harassment concerns, we now offer a survey that can be done as a standalone, or as a pulse survey following the Workplace Psychosocial Hazard Assessment that will give you more detailed insights into how Bullying and Harassment are presenting within your organisation. 

‍

The Path Forward for Australian Workplaces

The news of Swillhouse offers a cautionary tale for employers across all industries. It demonstrates the devastating impact that a toxic workplace culture can have on employees and the importance of proactive measures in preventing harassment and bullying. The Respect@Work Act represents a significant shift in how Australian workplaces must address sexual harassment and bullying. 

At InCheq, we are committed to helping businesses navigate this new landscape and build workplaces where everyone feels safe, respected, and valued. By embracing the principles of the Respect@Work Act and prioritising psychosocial risk management, organisations can not only comply with their legal obligations but also set a new standard for workplace excellence.

‍

Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732).