This article discusses sexual harassment and assault. If this raises issues for you or someone you know, please see the list of support resources at the end of the article.
Australia’s hospitality industry is vibrant, dynamic and home to some of the best restaurants in the world. But it’s also plagued with demons including drug and alcohol abuse and sexual harassment and assault in the workplace. The latter was recently highlighted in an exposé from the Sydney Morning Herald, which alleges systemic and normalised mistreatment of hospitality staff, particularly women, within Sydney’s Swillhouse hospitality group.
The reporting from the Sydney Morning Herald’s investigative reporter Eryk Bagshaw and Good Food reporter Bianca Hrovat has brought the conversation to national attention but, make no mistake, this isn’t a new problem – activists have been raising their voices for decades.
Across the country, sexual harassment in hospitality is widespread, with many workers facing inappropriate comments, unwanted advances, physical assault and rape. I recently published a report on harassment in the South Australian hospitality industry in conjunction with the University of Melbourne. The report, which interviewed 359 people in the industry, revealed widespread sexual harassment: 94 per cent of testimonies about sexual harassment came from staff, with 89 per cent of victims being female and 97 per cent of perpetrators being male. Disturbingly, 23 per cent of perpetrators were managers, and 19 per cent were venue owners.
The report also revealed that 48 per cent of victims felt nothing was done by management after reporting incidents, and 29 per cent said they couldn’t report harassment because the perpetrator was a manager or owner. This highlights the urgent need for effective reporting structures and supportive workplace cultures.
The numbers paint a bleak picture, but this conversation coincides with new laws that say employers have a positive duty to prevent harassment. Here’s what the new rules mean and what you can do if there’s harassment in your workplace.
What is positive duty?
Under the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) bill, positive duty requires all Australian workplaces to do everything possible to eliminate sexual harassment and discrimination. This means that employers must move away from simply responding to harassment as it happens and instead focus on preventing harassment before it occurs.
For hospitality venues, this translates to major HR policy reform, open and consistent conversations with staff, and the implementation of sexual harassment and assault awareness training. It also includes bystander intervention training, updating reporting structures, and establishing a zero-tolerance policy for abuse, whether from patrons or staff.
This year, NSW also passed a mandate within its Responsible Service of Alcohol (RSA) course to now include sexual harassment training and drink spike training, with South Australia set to follow.
What can you do if you’re experiencing harassment?
The first thing to remember is that you have rights. Start by documenting as much as possible: keep a record of any incidents, including dates, times and any witnesses. This can be crucial if you decide to report the harassment or seek legal action. Next, speak to someone you trust at work. If your venue or group has an HR department or a manager you feel comfortable with, report the harassment formally. Remember, under the new legislation, it’s illegal for your employer to ignore your complaint, and they can be held liable in court if they do.
If you wish to take it further, you can talk to your state hospitality union or government regulated workplace union (like Safe Work or Work Safe). The next step is going to your state’s commission body, the Equal Opportunity Commission or nationally, the Human Rights Commission. An important thing to know is that for your state’s commission, you have 12 months to report abuse from the date of the incident, and 24 months with the Human Rights Commission.
What can you do if you see a colleague being harassed?
You can play a vital role in supporting your colleague. If you feel safe, intervene by stopping the behaviour directly (for example, by calling out the perpetrator, or asking if the person being harassed is okay) or by involving a manager or security guard. Afterwards, check in with your colleague, offer support, and encourage them to report the incident if they feel comfortable.
Your account of what you witnessed can be important in corroborating your colleague’s report. Some workplaces may offer bystander intervention training, which can equip you with the skills to intervene safely. If not, ask your manager to provide this training – it’s their responsibility to keep you safe.
What can you do if you see harassment as a customer?
You might feel like it’s not your business to intervene, but you have the power to make a difference. You can calmly offer assistance to the person being harassed or report the incident to the venue’s management. Following up with feedback can also encourage venues to address these issues and create safer spaces for everyone.
If you’re managing a hospitality venue, how should you create a safe environment?
Managers have a responsibility to foster a safe and respectful workplace culture. This starts with implementing comprehensive training programs that educate staff on recognising, preventing, and responding to harassment. You should have clear policies in place that are regularly updated. There should also be multiple methods for reporting harassment, all of which should prioritise confidentiality and support for those who come forward.
Lead by example, demonstrate zero tolerance for harassment and take swift action when issues arise. By prioritising safety and respect, you can create a more inclusive and supportive workplace for your team.
Where to from here?
In my opinion, Not So Hospitable and the Swillhouse exposé are only the beginning. These reports only reveal part of the darker side of hospitality. I believe Australia is in need of a national hospitality industry inquiry.
Remember, if you see something, call it out, and take legal advice. We are in control of a cultural shift and can demand change that supports the wellbeing and safety of our hospitality workers.
If you have experienced sexual harassment or assault in your workplace, here are the key resources available to you.
Nationally
• Full Stop Australia – 1800 385 578
• Rainbow Sexual, Domestic and Family Violence Helpline – 1800 497 212
• National Sexual Abuse and Redress Support Service – 1800 211 028
• Youth Law Australia –1800 950 570
• 1800 Respect – 1800 737 732
• Mensline Australia – 1300 78 99 78
South Australia
• Justice Net
• Working Women’s Centre – 1800 652 697
• Law Society – (08) 8229 0200
• Yarrow Place Rape & Sexual Assault Service – (08) 8161 7000
• Shine SA Sexual Healthline – 1300 883 793 or 1800 188 171
• Child Sexual Abuse Counselling Service, Relationships Australia South Australia – 1800 408 408
New South Wales
• Law Access NSW – 1300 888 529
• Employment Rights Legal Service, Redfern Legal Centre– (02) 8004 3270
• Sexual Harassment and Discrimination Legal Service, Kingsford Legal Centre – (02) 9385 9566
• NSW Sexual Violence Helpline – 1800 424 017
• NSW Health Sexual Assault Services
Victoria
• Job Watch – (03) 9662 1933
• Law Institute of Victoria – (03) 9607 9311
• Young Workers Centre – 1800 714 754
• Sexual Assault Crisis Line – 1800 806 292 (free call 24/7)
• Safe and Equal – (03) 8346 5200
Queensland
• Job Watch – (03) 9662 1933
• The Queensland Law Society – 1300 367 757
• Aboriginal and Torres Strait Islander Legal Service (Queensland) – 1800 012 255
• Sexual Assault Helpline – 1800 010 120
• QLD Health Sexual Assault Services
Western Australia
• Circle Green Community Legal – (08) 6148 3636
• The Law Society of Western Australia – (08) 9324 8600
• Sexual Assault Resource Centre (SARC) – (08) 6458 1828 or free call 1800 199 888.
• Women’s Domestic Violence Helpline – (08) 9223 1188 / 1800 007 339 (free call 24/7)
• Men’s Domestic Violence Helpline – 1800 000 599
Tasmania
• Job Watch – (03) 9662 1933
• Hobart Community Legal Service – (03) 6223 2500
• The Law Society of Tasmania – (03) 6234 4133
• Sexual Assault Support Service – 1800 697 877
• Laurel House – North (03) 6334 2740 / North-West (03) 6431 9711
Northern Territory
• The Darwin Community Legal Centre – 1800 812 953
• NT Working Women’s Centre – 1800 817 055
• Law Society Northern Territory – (08) 8981 5104
• Sexual Assault Referral Centres (SARC)
• Ruby Gaea (Darwin) – (08) 8945 0155
Australian Capital Territory
• Legal Aid ACT – 1300 654 314
• Women’s Legal Centre ACT – 1800 634 669
• Law Society of Australian Capital Territory – (02) 6247 5700
• Canberra Rape Crisis Centre – (02) 6247 2525
• Domestic Violence Crisis Service – (02) 6280 0900
