Is a hug at work ever appropriate?

Whether a touch or hug is appropriate in the office depends on the workplace, the relationships at play and how the gesture was received.

Former ABC managing director Michelle Guthrie’s allegation that ex-chairman Justin Milne touched her back at a board dinner in 2017, denied by Milne, has raised questions about what constitutes inappropriate contact.

Karen O’Connell, a discrimination law expert from the University of Technology Sydney, said touching could be inappropriate without being sexual harassment. ‘‘Touching in the context of a particular relationship might be treating someone unequally,’’ she said.

Employment lawyer Alexandra Grayson from Maurice Blackburn Lawyers said the age, employment status and relationship of individuals would be considered in determining whether conduct was inappropriate in the workplace. ‘‘The concept of what is inappropriate in the workplace is not defined so it will always come down to the context and the facts of a situation and the relationship between people and the conduct that is alleged.

‘‘Giving somebody a hug when they get a promotion in most circumstances will be completely appropriate, but turning up for work every day and asking somebody for a hug would most likely not be appropriate. What is inappropriate will vary from workplace to workplace, relationship to relationship.’’

Herbert Smith Freehills partner and employment lawyer Anthony Wood said harassment could stem from a series of actions or an isolated incident.

Sexual harassment is defined in the Australian federal Sex Discrimination Act as an unwelcome sexual advance or unwelcome conduct of a sexual nature.

In New Zealand, employees are protected in the workplace under the Employment Relations Act 2000.

Most employers have policies that address discrimination, and sexual harassment in particular.

‘‘It might be too strict to have a policy to say there is no touching. People are real and conduct needs to take into account that there are friendships and relationships between people at work that transcend what we might expect from robots. We are people and people shake hands,’’ Wood said.

The Australian Council of Trade Unions has conducted an online survey of 7500 people which found 61 per cent of women and 35 per cent of men said they had experienced sexual harassment at work.

Forms of harassment included crude or offensive behaviour, unwanted sexual attention, inappropriate physical contact, and harassment on social media. The survey found that 64 per cent of people had witnessed sexual harassment at work.