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Arts workers: know your rights at work!

Please note that this is general information & may not be relevant to your particular matter. This toolkit should not be taken as legal advice.

 

Who is an arts worker?

The term “arts workers” encompasses a hugely diverse range of workers. People working in the arts may be visual artists, they may work in the literary arts or the performing arts of dance, music, and theatre. There are even more types of workers when you consider all the roles supporting the arts including arts administration, production crews, ticket sellers, ushers, spruikers, and festival workers. The length of the list of arts workers is only confined to the limits of human creativity.

Working out your rights and entitlements in the arts can therefore be like finding your way in a labyrinth. Because of the diversity in the nature of work performed, there are many workplace laws that govern working in the arts.

Here are some questions and answers to common issues for arts workers.

 

 

Am I an employee?

Workers in the arts are commonly engaged as either employees or independent contractors. It is important to understand the nature of your engagement as a worker because there are different legal rights and obligations depending on the working relationship. For example, some workers are entitled to minimum rates of pay and leave, while others set their own pay and must organise their own leave arrangements.

 

 

How can you tell which is which?

Employees work in someone else’s business. The employer controls how, where and when they do their work, and pays them a wage or salary. Employees are entitled to superannuation and they have payroll tax deducted from their pay by their employer. Most employees are entitlement to minimum wages and conditions from an award.

Examples: Full-time arts administration worker, an usher at a theatre, casual sound engineer at a theatre company, or a food and beverage attendant in an outdoor bar at a festival or event.

Independent Contractors work for themselves and are their own boss. They are free to set their own fee for the work that they perform and have control of when and how they work. They should have an ABN, invoice for their work, and organise payment of their own taxation. They may invoice for completion of a job rather by the hour. There is no minimum rate an independent contractor can rely on, rather they set their rates according to the free-market.

Examples: a visual artist engaged to paint and complete two large murals, or a musician playing a three hour set at a particular event.

 

Sometimes the true nature of the relationship will be obvious but sometimes a more fulsome analysis of all the circumstances of the working relationship is required. There are a full range of factors to be considered in determining whether a worker is an employee or an independent contractor.

Some employers treat their workers as independent contractors when they are really employees. For example, the employer might require the workers to have an ABN and invoice for their work, yet they are paid by the hour and directed to work certain days and times at the employer’s discretion.

It is unlawful for an employer to misrepresent employment as an independent contracting arrangement. This is known as sham contracting and it is against the law.

If a worker is in a sham contracting arrangement, they may be entitled to claim unpaid wages, superannuation and leave entitlements, and the employer may be required to pay a penalty for breaking the law.

If you think you are in a sham contract arrangement you should contact the WWC for advice.

 

Where do employees find their minimum entitlements?

Awards or modern awards are legal documents that outline employees’ minimum pay rates and conditions.

There are more than 120 awards that cover most people who work in Australia. Awards apply to employers and employees depending on the industry or occupation they work in and the type of work they perform.

Here are some of the Awards that might apply to workers in the arts and some examples of the types of work they cover:

Amusement, Events and Recreation Award 2020:
Animal attendant, Ride attendant, Tour guide, Customer Service Officer, Meet and Greet/Concierge, Photography Attendant, Host/Presenter, Admissions/Entrance attendant, Usher, Ticket seller, Security Officer, Receptionist, Programme seller, Cashier

Broadcasting, Recorded Entertainment and Cinemas Award 2020:
Television Broadcasting, Radio Broadcasting, Cinema and film production, screen actors, Musicians for film and TV, Motion Picture Production, dancer, mime artist or puppeteer

Graphic Arts, Printing and Publishing Award 2020:
Creation of designs, concepts or layouts used in the advertising, marketing of commodities or services, commercial and industrial art including illustrations, borders, retouching of photographs, photographic reproportioning and lettering by hand

Live Performance Award 2020:
Producing, staging, audio/visual, presenting, performing, administration, programming, workshops, set and prop manufacture, operatic, orchestral, dance, erotic, revue, comedy, or musical performances; includes sale, service or preparation of food or drink; and selling tickets

Textile, Clothing, Footwear and Associated Industries Award 2020:
Fashion and Textile design

 

Travelling Shows Award 2020:
Travelling shows including the operation by an itinerant employer of any stand, fixture or structure for the purpose of providing amusement, food and/or recreation, carnival, rodeo, community event or festival

For a full list of all the moderns award and to access your award you can visit: https://www.fairwork.gov.au/awards-and-agreements/awards/list-of-awards

If you need help working out which award applies to the work you perform call the WWC.

 

 

Do I get breaks? How long should my shift be? – Common conditions in Awards

For specific information about your rights and entitlements you should find out the modern award that covers your employment. However, there are some common conditions within the awards that might apply to your work in the arts:

Breaks: Most awards stipulate that workers get a break after five hours. Some awards provide for paid breaks and others provide that breaks are unpaid. Some awards also provide for rest breaks as well as meal breaks.

Casual loadings: Most awards will provide a loading of 25% for casual workers to compensate them for not receiving sick leave, annual leave or paid public holidays.

Penalty rates: Most awards provide penalty rates which provides a higher hourly rate of pay for working unsociable hours like public holidays, late nights or early mornings and weekends.

Minimum engagement: Minimum engagement periods require that the minimum shift length must be a certain number of hours. The minimum engagement period is usually between two and four hours.

Overtime: Many awards provide that you get paid extra after working a certain number of hours in a day i.e. more than 10 hours in one shift.

We re-iterate that the conditions outline above are general and if you would like advice on your award entitlements contact the WWC.

 

 

What can I do if I’m being underpaid?

Claim the money back! There is no lawful basis for an employer to pay you less than the minimum wage in your award or contract.

You can calculate what is owed and request they pay you the difference between what you were actually paid and what the minimum entitlement should have been.

You have up to six years to follow-up wages owed to you as a result of wage theft. You can make a claim to the South Australian Employment Tribunal.

Our Industrial Officers can give you advice about claiming wages if you think you may be owed wages from a current or previous job. We also have other fact-sheets that can assist with drafting a letter of demand to your employer.

 

Sexual harassment in the arts is NOT OK!

The #Metoo Movement was born out of the art world and we know sexual harassment is a problem across the industry. The Media Arts Entertainment Alliance, the union that covers many arts workers in Australia, conducted a survey of sexual harassment, criminal misconduct, and bullying in the Australian live performance industry. The results showed that 40% of the respondents had experienced sexual harassment.

Sexual harassment is any unwelcome conduct of a sexual nature. If a reasonable person would anticipate that the behaviour might make you feel offended, humiliated, or intimidated, it may be sexual harassment.

Sexual harassment can include:

  • Sexually suggestive comments, insults, or “jokes” or imagery.
    • Requests for sex or to perform sexual acts.
    • Unwelcome touching or physical contact.
    • Intrusive questions or comments about your private life or appearance.
    • Inappropriate staring or leering.
    • Sexually explicit or harassing messages (including text or social media), phone calls, emails, or images.

Sexual harassment does not have to be ongoing and can be one, single incident.

Some instances of sexual harassment can also be criminal offences, including physical or sexual assault.

Employers should have a policy for how to deal with sexual harassment in the workplace. It may involve a complaints process and an outline of how a complaint with be dealt with. Some workplaces may not have a policy and making a complaint of sexual harassment can be difficult. For example, making an internal compliant of sexual harassment may not be helpful in a small business, where the perpetrator is also the boss or the responsible for resolving complaints.

The Equal Opportunity Commission and the Australian Human Rights Commission can hear complaints about sexual harassment and victims can make claims for compensation.

The WWC Industrial Officers can give advice you further about sexual harassment in the workplace.

 

Random Questions from arts workers

Here are some RAQs (i.e. randomly asked questions) that we have received from people working in the arts:

Is it ok to be paid in tickets to shows, drinks, food, discounts, or other perks?

No. Additional perks are great, but these must be in addition to your minimum wages.

Can I have several jobs at the same time?

It is possible to work for different employers at the same time. However, some employers do not allow it, especially if the second job is for a competitor. They may have a policy prohibiting it. If that’s the case you should ask for permission before applying for that second job.

Is it ok to drink alcohol or take drugs at work?

No. Drinking alcohol or taking drugs at work can be characterised as gross misconduct and could result in termination of your employment, even if your supervisor or other staff are doing it and there is a culture condoning it. It is also a work health safety issue.

 

Is there are union for workers in the arts?

YES! The Media, Entertainments and Art Alliance (‘MEAA’) is the union that covers many workers in the arts sector. MEAA is the union for actors, entertainers, journalists and many more workers in the arts industry.

MEAA provides members with information on their workplace rights and advocacy to defend, promote and advance members’ rights at work.

MEAA membership also includes discounts plus benefits like journey insurance as well as professional development opportunities.

You can learn more about MEAA or join online here:

https://www.meaa.org/

Contact the WWC for specific information and advice about your rights and entitlements at work.

 

Where can I get advice?

If you are a union member, call your union.

If you are not a union member, then please feel free to call the Working Women’s

Centre on: 08 8410 6499

or using our toll free number: 1800 652 697.

You can also submit an online enquiry on our website.

https://wwcsa.org.au/contact-us/

Please be aware that we may not be in a position to respond to your enquiry within 24 hour’s, but we will advise you of the waiting period when you first telephone or email us.

Young Women and COVID19 Report Launch

About this event

Young women have been disproportionately impacted by the loss of work, isolation and stress caused by COVID-19 in South Australia. The Working Women’s Centre is proud to launch our report which looks at the gendered impacts of COVID-19. In this report we present an optimistic vision for how we can improve gender equality through the COVID-19 recovery.  

To make sure that the stories and recommendations in this report are heard by decision makers, we need your help. RSVP for the report launch to help us spread the word and find out how you can take action 

The report launch will be held at the Jade from 4-5pm on Thursday 29th of April. We will hear members of our Young Women’s Employment Council who will give a summary of the report and talk about action that can be taken to improve economic equality for young women.  

Due to capacity limits, RSVPs are essential. 

This report is part of a Working Women’s Centre youth project that is funded by the Government of South Australia – Department for Human Services. 

 

We acknowledge that this event is on Kaurna land and we pay our respect to the traditional custodians of the land, past and present . Sovereignty was never ceded.

Young women and COVID19 report launch

Walk with the Women’s March4Justice on May Day!

About this event

May Day (also known as International Workers Day or Labour Day) is a celebration of working people standing together for justice.

This year the Womens’ March4Justice movement will be part of the May Day celebrations to show solidarity with the union movement and to continue the fight for safer workplaces for women.

 

We acknowledge that this event is on Kaurna land and we pay our respect to the traditional custodians of the land, past and present . Sovereignty was never ceded.

images of many women saying the word ''enough'' regarding sexual harrassment

Enough is Enough – Joint Statement

Young women’s recent brave advocacy for a safer future has focused national attention on the urgent need for systemic action. Brittany Higgins has come forward with an allegation that she was raped in Parliament House. Friends of a woman who has now died have spoken out about rape allegations against our country’s Attorney-General. Dhanya Mani has spoken up for a safer future and prioritising survivors after the woeful response to her allegation of indecent assault. Chanel Contos has called out rape culture in schools. Australian of the Year, Grace Tame, has spoken out about coverup culture and abuse of power.

Every single day survivors disclose violence to a system that doesn’t care enough to bring them justice.

Enough is enough.

Rape and other acts of gendered violence have profound, life-long consequences for survivors, often including physical disabilities and mental health conditions. Yet our prevention infrastructure and support services are not resourced to adequately support survivors’ safety. And systems too often fail to hold perpetrators to account.

We deserve better.

Our parliamentary leaders must treat all forms of gendered violence as seriously as other threats to community safety.

Political leaders must take decisive action to make parliaments a safe place for everyone. Including improving the rules governing political staffers and party members to prevent abuse, addressing inequality, providing accessible independent reporting avenues, and ensuring real accountability for misconduct. But action in this moment must extend beyond our parliaments.

There is also a crisis in our communities. Horrific violence is being perpetrated and enabled across the country – the result of a wider cultural and systemic problem that manifests in schools, workplaces, institutions and homes. For many, these drivers of violence are further enabled by intersecting power dynamics that increase barriers to a safer future. For Aboriginal and Torres Strait Islander women, resisting the ongoing impacts of colonisation and racism is inseparable from gender justice. Intersecting systems of power and oppression also increase barriers to safety for women from culturally and linguistically diverse backgrounds, women with disabilities, younger women, older women, women in institutional care, women in prison, women in insecure work, and trans and gender diverse people as they strive for safety and justice. Too often, impunity is the outcome.

It is the responsibility of governments to intervene in the systems that continue to enable violence. Survivors and community leaders are already working for a safer future – it’s time governments properly supported solutions, particularly the leadership and self-determination of First Nations communities.

There are clear pathways to a safer future. We demand the action from leaders needed to make it happen.

This must also include:

Prevention: Implement the full spectrum of long-term systemic prevention initiatives that can address the underlying causes of gendered violence, including sexism and intersecting forms of discrimination. Starting with comprehensive whole-of-school education programs.

Resourcing services and accountability mechanisms: Properly resource the specialist services that victim-survivors of gendered violence rely on to report, be safe and recover. Resource the mechanisms needed to hold perpetrators to account.

Law reform: Improve access to justice for victim-survivors of sexual assault through substantive and procedural law reform, and educate the workforce so responses are appropriate and trauma-informed.

Addressing workplace sexual harassment: Action all recommendations of last year’s Respect@Work: Sexual Harassment National Inquiry Report.

Anything else falls short, and is a decision to leave women in danger.

We must believe, support and listen to survivors, hold perpetrators accountable, and properly resource solutions to prevent gendered violence from occurring in the first place.

Reclaim the workplace

October is sexual violence awareness month, and Reclaim the Night is a march that is traditionally held on the last Friday of October, to reclaim the streets so that women can walk at night without fear. This October, we gathered online to talk about reclaiming the workplace by ending sexual violence and harassment. We were joined by a panel of expert speakers to discuss what sexual harassment looks like, the extent of the problem in Australia, and what we can do to end sexual violence and harassment in our places of work and study.

 

Speakers:

  • Kate Jenkins, Sex Discrimination Commissioner
  • The Hon Connie Bonaros MLC, SA Best
  • Rebecca Etienne, Adelaide University SRC Women’s Officer
  • Erin Hennessy, CEPU Organiser

 

Artwork by Cath Story. Find her art on Instagram @cathstorydraws

 

This webinar was streamed on Kaurna land. We pay our respect to the traditional custodians of the land, past, present and emerging. Sovereignty was never ceded.

Sexual Harassment at work

What is sexual harassment?
Sexual harassment is unwelcome sexual behaviour where the victim feels offended, intimidated or humiliated, and it is reasonable in the circumstances to feel that way.

It has nothing to do with mutual attraction or friendship. If there is consent, it is not sexual harassment.

Sexual harassment is against the law. You do not have to put up with it.

 

Sexual harassment can take many forms:

  • Deliberate verbal comments of a sexual nature, suggestive remarks, ridicule and offensive jokes.
  • Physical contact such as touching, pinching, patting, hugging and brushing against another person’s body.
  • A display of offensive or erotic pictures.
  • Sexual teasing, practical jokes, sexual name-calling or ‘stirring’.
  • Sexually suggestive looks or gestures such as leering, ogling or staring.
  • Unwanted requests of a sexual nature.
  • Continuous requests or pressure to develop a relationship.
  • Persistent questions or comments about a person’s private life.
  • Considering a person’s physical attributes rather than their skill or experience.
  • Sexually based emails and ‘sms’ messages, this would also include messages with sexual innuendos.

Can sexual harassment be a criminal offence?

Forms of sexual harassment which may constitute criminal offences include:

  • physically molesting a person
  • indecent exposure
  • obscene communications (telephone calls, faxes, letters, computer messages)
  • sexual assault
  • stalking

These actions can be reported to the police.

 

What are the effects of sexual harassment?

  • loss of sleep, confidence, job satisfaction, promotion and other work entitlements
  • lowered job performance and or job insecurity
  • inability to concentrate
  • ill health
  • an inability to relax
  • difficulty coping with everyday tasks

 

Informal ways of dealing with harassment:

  • If possible, confront the harasser directly. You can have a support person with you while you do this.  This can be effective if you feel safe to do so.
  • Report incidents to a sexual harassment contact person in your workplace and discuss ways of informally resolving situations.
  • Talk to your co-workers, especially women who may have suffered harassment and will support your complaint.
  • Keep clear notes (preferably diary notes) if you experience incidents of harassment or harassment is reported to you. Document dates, places, times, who was there and what was said. Any records of incidents should be kept safely.

Formal ways of dealing with harassment:

  • If appropriate, and if there is one, take a look at your workplace policy. Follow procedures if you feel safe to do so.
  • If you work under an award or enterprise agreement, you should follow the grievance procedure in your award or agreement.
  • If you are a member of a union, you can have a union representative advocate on your behalf.
  • You can make a complaint to the Equal Opportunity Commission under the State Act or the Australian Human Rights Commission under the Federal Sex Discrimination Act. Your Union or the Working Women’s Centre can assist with this.

Useful tips to consider if you are being sexually harassed in your workplace:

  • Tell a co-worker that you trust to keep an eye out for you. Make sure you have made it clear to them how this is affecting you and how you think you may want to handle the situation.
  • Try to minimise situations where you are left alone with the offender.
  • Report it to your doctor if the harassment has begun to affect your health and well-being.

 

How can the Working Women’s Centre Help?

We can:

  • Provide advice and information about sexual harassment
  • Inform you of the complaint procedure
  • Help you make a complaint
  • Advocate on your behalf up to and including conciliation

 

Where else can I go for help?

Other organisations that may be able to help include your union, the Australian Human Rights Commission and the Equal Opportunity Commission. 

If you are not already a member of a union, ring SA Unions on (08) 8279 2222 to find out which union to join.

Australian Human Rights Commission: Phone:  1300 369 711 Web: www.humanrights.gov.au

Equal Opportunity Commission: Phone: (08) 8207 1977 Web: www.eoc.sa.gov.au 

 

Making a Sexual Harassment complaint is a serious matter.

 

Other service providers

  • Yarrow Place 
    Yarrow Place
    Rape and Sexual Assault Service is a service for anyone who has been sexually assaulted.
    Services include:
    24 Hour Crisis Response Service for recent sexual assault—this includes support from a social worker, medical care by a doctor or nurse, and collection of forensic evidence for people who are considering legal action.
    — Professional counselling and advocacy for recent and past sexual assault clients as well as their support people.

    Phone: (08) 8226 8777 or (Toll free) 1800 817 421

 

  • Uniting SA Sexual Abuse & Sexual Assault Counselling for young people
    You can access this service if you are between the ages of 12 and 25, and homeless or at risk of homelessness.

    Phone: (08) 8202 5060

  • 1800RESPECT1800RESPECT is a national 24 hour online and telephone service offering counselling and support to anyone experiencing domestic and family violence and/or sexual assault and their family and friends.Freecall 1800 737 732 (24 hours)


If your life or someone else’s life is in immediate danger, phone 000 (triple zero).

Sexual Harassment at Work – Should you make a Workers Compensation claim?

We often think about Workers Compensation claims as being claims for physical injuries. A construction worker with bad knees might spring to mind, a worker who types all day might have a compensable repetitive strain injury (RSI)condition or a landscaper might have a bad back.

It is important to remember that the South Australian workers compensation system (administered by an independent entity known as Return to Work SA) can also assist you if you are suffering from a psychological injury caused by sexual harassment in the workplace.

The South Australian workers compensation system is a no fault system. This means that you can be compensated for your injury regardless of whose fault it is. It can however be a long and traumatic process and we do encourage you to seek out support while you make a claim.

 

What is Sexual Harassment?
The Sex Discrimination Act 1984 defines sexual harassment as:

(1) A person sexually harasses another person (the person harassed ) if:

(a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or

(b) engages in other unwelcome conduct of a sexual nature in relation to the person harassed;

in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

 

Examples of sexual harrassment in the workplace

  • unwelcome touching;
  • staring or leering;
  • suggestive comments or jokes;
  • sexually explicit pictures or posters;
  • unwanted invitations to go out on dates;
  • requests for sex; intrusive questions about a person’s private life or body;
  • unnecessary familiarity, such as deliberately brushing up against a person;
  • insults or taunts based on sex;
  • sexually explicit physical contact;
  • and sexually explicit emails or SMS text messages.

 

Sexual Harassment in the Workplace
Sexual harassment in the workplace is at epidemic levels within Australian workplaces.

In 2018, the Australian Human Rights Commission released its workplace sexual harassment survey and found that 1 in 3 workers had been sexually harassed at work in the previous five years.[1]

In the 2017/2018 financial year, sexual harassment complaints to the South Australian Equal Opportunity Commission (EOC) were the second most prevalent. The 2017/2018 complaints were predominately from women but the Commission saw an increase in complaints from men too.

In 2016, the EOC was commissioned to deliver a report into sex discrimination and sexual harassment in the South Australian Police (SAPOL). In that report, the EOC found that 21% of women and 8% of men have experienced sexual harassment in the previous 5 years.

In December 2018, the Australian Council for Trade Unions (ACTU) released the findings from their 2018 survey into sexual harassment which found that 64% of women who responded to the survey had personally experienced sexual harassment in the workplace on one or more occasions. The survey also showed that 41.2% of those who had experienced sexual harassment did not disclose the sexual harassment to anyone. The ACTU survey elicited 9600 responses, a feat most statisticians wouldn’t sneeze at.

We could provide further statistics, at a local and international level but there is no need. It is well established that sexual harassment in the workplace is prevalent, has serious consequences for victims and workplaces, and seriously limits women’s equal participation in the workforce. This is why Sex Discrimination Commissioner, Kate Jenkins, led an enquiry into sexual harassment in the workplace and made 55 recommendations in the recently published Respect @ Work Report.[2]

[1] The results of that survey can be found here: https://www.humanrights.gov.au/ourwork/sex-discrimination/publications/everyones-business-fourth-national-survey-sexual.

[2] Respect at Work: Sexual Harassment National Inquiry Report (2020) can be found online: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexualharassment-national-inquiry-report-2020#Za70h

 

Has sexual harassment caused you to suffer a psychiatric injury?
The Return to Work Act 2014[3] (the law that underpins the SA workers compensation system) defines injury as either a physical or mental injury. A mental injury is described in the Return to Work Act 2014 as a psychiatric injury and this means an injury that is ‘pure mental harm.’

To be eligible for worker’s compensation, work needs to have been the significant contributing cause of the mental injury.

[3] Return to Work Act 2014 section 4.

Case study
Julie works as an administrative assistant at a busy real estate agency. Julie works with all of the real-estate agents but spends most of her time assisting Graham, the owner of the agency. At first, Julie really enjoyed working with Graham. Graham was kind and took time to explain things to her when she wasn’t sure. After 6 months of work, Graham began emailing Julie and asking her about her weekend and other personal questions. Julie would tell Graham that she had a nice weekend and would give general details about her life. Julie wasn’t too worried about these questions but did think it was strange that Graham had such an interest her life. Graham would also regularly ask Julie about her boyfriend and details about their relationship. Julie began to feel uncomfortable but didn’t feel as though she could say anything. One night, Julie stayed back on a Friday night to have work drinks with her colleagues. At the end of the night, Graham asked Julie whether she enjoys having sex with her boyfriend. Graham then grabbed Julie’s breasts and tried to kiss her. Julie froze and tried to pull away. Julie left the party and Graham sent her explicit text messages. Julie was too scared to go to work on Monday and thought about just quitting. Julie wasn’t sleeping or eating and she was having panic attacks when she thought about having to see Graham. Julie decided to see her doctor. Julie’s doctor diagnosed her with depression and anxiety.

Julie’s depression and anxiety was caused by her work and this injury could be classified as a psychiatric injury for the purposes of lodging a workers compensation claim.

 

Lets break down what ‘psychiatric injury’ means
In the Working Women’s Centre’s experience, psychiatric injuries often include depression disorders, post-traumatic stress syndrome, anxiety disorders and adjustment disorders.

All of these disorders have a range of symptoms including but not limited to feeling sad, moody, low, hopeless, nervous and feeling elevated stress or worry. Sometimes in a sea of feelings it is also hard to pinpoint what you’re feeling and that’s okay. Beyond Blue have provided a helpful checklist to help you navigate your way through this.

Here is a link:

https://www.beyondblue.org.au/the-facts/anxiety-and-depression-checklist-k10?gclid=CjwKCAiAgqDxBRBTEiwA59eENyS3Jrp5tjC3jsEixZwIXYseVttfkyMU22K9wom6l_Ngdg67TrkX3BoCS-MQAvD_BwE

There are many reasons why you might be suffering a psychiatric injury, this fact sheet deals with psychiatric injuries caused by sexual harassment in the workplace.

It doesn’t take a rocket scientist to understand that if you’re suffering from a psychiatric illness, it is may affect your work. In many cases, a psychiatric illness might manifest in high absenteeism (sick days), effect productivity, or effect your ability to cope with your workload and workmates.

Like any work injury, our community recognises that if your psychiatric injury has been caused by work then you may need time off to recover, receive medical attention and consider rehabilitation options. This is why we have a worker’s compensation system to help workers recover and rehabilitate. If your psychiatric injury has been caused by sexual harassment in the workplace and it has caused you to require medical attention or time off work, then you should seriously consider making a worker’s compensation claim. If you broke your arm at work, would you think twice about making a claim? Probably not! Psychiatric injuries are just as legitimate and therefore just as compensable!

 

How to make a worker’s compensation claim? A step by step guide:

  1. The first step is to make an appointment with your doctor to discuss your injury. Before you can make a claim, you will need to obtain a medical certificate (a Return To Work Capacity Certificate that certifies that you are suffering from an injury).
  2. The second step is to notify your employer of your injury by providing them with your medical certificate or simply telling them about your injury. If possible, do this in writing so you have a record of it. The notification could be as simple as writing an email to the HR department or your manager.
  3. The third step is to complete a Return to Work SA claim form and provide this form to your employer. This form is found at
    https://www.rtwsa.com/media/documents/claim-form.pdfYour employer must provide this form to the claim’s agent within 5 business days of you providing it to them. If you do not feel comfortable providing this information to your employer (this might be the case in many small businesses), then you can send your medical certificate and claim form directly to the claim’s agent. The claim’s agent will then contact your employer. In many workplaces, if you are away from work for more than 2 days then you will be required obligation to advise your employer of your illness and provide a medical certificate. Of course this obligation can vary so it is best to check your policies.If you do not know who the relevant claims agent is then you can go to the Return to Work SA website:
    https://www.rtwsa.com/insurance/insurancewith-us/claims-agent-lookup

    Look up which claims agent has responsibility for your workplace. In South Australia, your employer will either be covered by Gallagher Bassett, or Employers Mutual Limited, however larger employers and government agencies are self- insured (this means that they manage their own claims).

  4. The claims agent will then have a maximum of 13 weeks to determine your claim. In many cases, the claimant might receive interim payments (weekly payments while the claim is determined). If your claim is accepted, you will be entitled to the following:
    1. Payment of reasonable medical expenses – doctor, psychologist, psychiatrist appointments, medications, counseling).
    2. Income Maintenance (weekly payments while you are unable to work due to your psychiatric injury) – up to 2 years of income support (full rate of pay for first year of income and 80% of your income for the second year).
    3. Rehabilitation – support to rehabilitate you back to your workplace if possible.
  5. If your claim is not accepted and you wish to dispute the determination, then please contact the Working Women’s Centre SA and we will provide you with further information.

 

What if the sexual harassment has aggravated my pre-existing mental health issue? Can I still make a claim?

If you have been suffering from a mental health condition and the sexual harassment in the workplace has aggravated the injury, you still may be entitled to workers compensation for the aggravation. That is because the Return Work Act 2014 defines an injury that includes an injury that is, or results from, the aggravation, acceleration, exacerbation, deterioration or recurrence of a prior injury.[4]

4] Return To Work Act 2014 section 4.

Important Extras to Remember

  • Your injury is only compensable to the extent of and for the duration of the relevant aggravation, acceleration, exacerbation, deterioration or recurrence.

  • The law also says that if your psychiatric injury is caused by some reasonable action then the claims agent may reject your claim on the basis that you are suffering an injury as a result of reasonable administrative action. We do not propose to deal with this caveat in this factsheet.

Call for all political parties to undertake training on workplace sexual harassment.

The Working Women’s Centre SA has today written to all major political parties, urging them to commit to tackling sexual violence in their offices. The Working Women’s Centre SA Inc said that after Brittany Higgins’ story, and revelations about other sexual assaults within political offices, political parties need mandated training for their staff about preventing and responding to sexual harassment.

Today, the Working Women’s Centre sent a letter to the secretaries of the Liberal Party, the Labor Party and the Greens at a federal and South Australian state level, as well as numerous political offices, asking them to take responsibility for addressing this issue. The Working Women’s Centre SA has proposed that all political parties engage in a tailored training program that aims to prevent and safely respond to incidents of sexual violence in the workplace.

They hope to see parties make commitments to changing their workplace culture through immediate action in line with the recommendations of the Respect@Work National Inquiry Report into sexual harassment.

Abbey Kendall, Director of the Working Women’s Centre SA, said “There is something deeply wrong when the workplaces of the country’s most powerful decision-makers are failing to maintain a safe workplace and culture for women. Given the significant resources our elected representatives and their offices have, there is no excuse for failing to provide a workplace free of sexual violence. No woman should lose her job because she is assaulted.’

‘These are not the first women working in politics to come forward with stories of sexual assault. There will be more stories, from all corners of politics. The systems, the attitudes, and the culture all need to change.’

‘For us, this is not about party politics. This is about ensuring that every working woman in the country can work safely and without fear of sexual violence or harassment. Every political party in the country needs to act.’

Media contact:
Abbey Kendall
08 8410 6499
abbey@wwc.org.au

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