A contractor engaged to install a new software system is harassing a female employee in my work group. What can I do about it?

Sexual harassment by a contractor or an employee of a contractor is unlawful under the Sex Discrimination Act 1984. You should remind the contractor of this. If the harassment recurs, then you may wish to seek legal advice with a view to termination of the contract.

Legal advice should be sought before taking action as the contractor's behaviour may not be a breach of the contract or there may be a requirement for notice. It would also be open to the employee to make a complaint to the HREOC. Perhaps the most effective way of ensuring that contractors are aware that they are under an obligation not to engage in harassing behaviour is to include a clause in the contract which requires contractors to observe agency and APS requirements and policies in relation to workplace harassment and acceptable behaviour.

This would address situations where contractors harass APS employees as well as situations where harassment of their own employees has an adverse impact upon others around them if ... more.

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