Guidelines on the Use of Confidentiality Clauses in the Resolution of Workplace Sexual Harassment Complaints

The Guidelines on the Use of Confidentiality Clauses in the Resolution of Workplace Sexual Harassment Complaints provide principles to guide the consideration of the use of a confidentiality clause in a settlement agreement concerning a workplace sexual harassment claim. The principles provide that confidentiality clauses should be clear, fair, in plain English and translated or interpreted where necessary, considered on a case-by-case basis and limited in scope and duration. They also provide that the person who made the allegation should have access to independent support and advice and that negotiations about the terms of a settlement agreement should be trauma informed, culturally sensitive and intersectional.

The Guidelines can assist a person who made the allegation of sexual harassment, as well as employers, alleged harassers, employer organisations, unions, legal practitioners, mediators, insurers and anyone else involved in the process of resolving a workplace sexual harassment complaint.