ARTICLE
15 February 2026

Do law firms need a ‘Valentine's Day clause' in their sexual harassment policy?

S
Swaab

Contributor

Swaab, established in 1981 in Sydney, Australia, is a law firm that focuses on solving problems and maximizing opportunities for various clients, including entrepreneurs, family businesses, corporations, and high-net-worth individuals. The firm's core values include commitment, integrity, excellence, generosity of spirit, unity, and innovation. Swaab's lawyers have diverse expertise and prioritize building long-term client relationships based on service and empathy.
Employers' positive duty to prevent sexual harassment, changing social and cultural expectations for workplace behaviour.
Australia Employment and HR
Michael Byrnes’s articles from Swaab are most popular:
  • within Employment and HR topic(s)
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In an age of sociocultural change, and against the backdrop of employers' positive duties to prevent sexual harassment and other forms of misconduct, preparing for workplace claims made against the backdrop of cultural traditions like Valentine's Day may not be so far-fetched.

In this episode of The Lawyers Weekly Show, host Jerome Doraisamy welcomes back Swaab partner Michael Byrnes to reflect on a recent blog he posted about the workplace relations issues inherent with Valentine's Day, the potential for workplace claims to arise in the wake of such cultural traditions, and whether employers need clauses in their policy for sexual harassment to account for such calendar dates.

Byrnes also delves into employers' positive duty to prevent sexual harassment, changing social and cultural expectations for workplace behaviour, whether the inclusion of new clauses risks infantilising employees, catering to a multi-generational workforce, and what will constitute best practice for employers, HR professionals, and employment lawyers.

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For further information please contact:

Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: mjb@swaab.com.au

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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