SEXUAL HARASSMENT

What is Sexual Harassment?

Sexual harassment is any unwelcome conduct of a sexual nature.  It happens when a reasonable person would expect that a person is being made to feel humiliated or intimidated by the actions of another person.  Examples of sexual harassment could include sexually suggestive remarks, intrusive questions about your private life, sexually explicit text messages or emails and unwelcome physical contact for example kissing and hugging.

Each State of Australia provides legal protection against being sexually harassed at the workplace and our lawyers are skilled at assisting their clients to access these protections.

Sexual harassment can be committed by your employer, a colleague, contractor or other person who is in a working relationship with you.

For example, a courier driver, who made deliveries to a store in which a person worked, sexually harassed a worker at the store when he smacked her bottom and then called her “Juicy Lucy”. (Orchard v. Higgins, 2020)

As an employee you have a right to a workplace that is free of discrimination, sexual harassment and vilification.  Your employer is responsible for ensuring your health and wellbeing at work.

We take the time to hear your story and help determine if you have a genuine and legitimate claim.

What happens if I have a genuine complaint?

The first steps will depend on which state you live in but will generally involve an application or complaint being made to your State’s anti-discrimination body. There are usually time limits that apply to making a complaint. Once the complaint is made the relevant body will provide an opportunity for your case to be heard and attempt to achieve a resolution between you and your employer and/or the person harassing you.

Alternatively, complaints about sexual harassment can also be commenced in the Australian Human Rights Commission (AHRC) and ultimately be determined by the Federal Circuit Court of Australia. Please note that different time limits apply – for example, a complaint to the AHRC, should be made within 6 months of the date of the discriminatory conduct.

And remember – you don’t have to be dismissed from work to commence a claim for sexual harassment.

Our lawyers work with you every step of the way through the complaint process including liaising with the relevant body and your employer/harasser, so that you never feel alone.

 How is it resolved?

 Anderson Gray Lawyers are skilled at successfully resolving sexual harassment claims for their clients.

We understand that each persons’ matter is different, and so our lawyers take the time to listen to you and work hard to achieve the best result for you that we can.  Some of the ways a complaint can be resolved may include:

1. compensation – this may include economic loss (loss of your wages) and/or general damages (for alleged hurt and humiliation ). Relevant case law is used by the court and commission to determine an appropriate amount of compensation;
2. an apology (written and/or verbal) from your employer and/or harasser for what has happened to you;
3. re-training for specified employees so that no other employee has to go through what you have been through; and/or
4. a review of policies and procedures, to ensure your employer has the right processes in place to protect their employees in the future.