Use of Confidentiality Clauses in the Resolution of WSH Complaints

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

These 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.

• Download the Guideline [PDF, 367 KB]

Fact sheets

Also available are fact sheets that provide information for individuals, lawyers and small businesses about the use of confidentiality clauses in settlement agreements concerning workplace sexual harassment claims. This fact sheets complement the Guidelines on the Use of Confidentiality Clauses in the Resolution of Workplace Sexual Harassment Complaints.

• Fact Sheet for individuals [PDF, 114 KB]
• Fact Sheet for lawyers [PDF, 106 KB]
• Fact Sheet for small businesses [PDF, KB]