n Australia, the law provides protections for employees who are subjected to unlawful discrimination, bullying, victimisation and adverse action. More generally, through work health and safety legislation the law provides an obligation on employers and others to to take all reasonable steps to ensure that the workplace is safe and not a risk to health.
Relevant legal claims involve:
Workplace investigations, generally, take place before any legal action is taken. It is important to know your rights, possible risks, and how the process works if subjected to a workplace investigation.
Contact us if you need help and for a free initial assessment of your claim.
Sexual harassment is unwelcome conduct of a sexual nature. It does not need to involve repeated acts, although repeated acts often assist in demonstrating that conduct was unwelcome.
The law in relation to sexual harassment is very similar under state and Commonwealth law. The decisions as to which regime to commence a complaint under is made by reference to:
Both men and women can be sexually harassed, by either a man or a woman. However sexual harassment of women by men remains by far the most common.
In Australia, employers are required to comply with occupational health and safety (OHS) laws and regulations for the benefit and welfare of their employees. Workers, likewise, have obligations under OHS laws and regulations, regardless of whether they are an employee, volunteer, or contractor.
The health and safety of employees should always be made a priority. Although some businesses may find this costly at first, not providing a safe work environment and maintaining adequate facilities may result in hefty fines, loss of workers, and even prosecution. OHS laws and regulations do not only ensure that workers are protected, but also that businesses thrive as they are less exposed to costs from work-related health and safety claims.
Occupational health and safety regulations also require that employers provide their employees with adequate training, supervision, and instruction. This is especially necessary when handling and operating large machines and structures.
While each State and Territory has their own set of laws, regulations, and codes, these are practically similar. In NSW, you are encouraged to initially talk to your supervisor, employer, and health and safety or union representative about workplace safety and health concerns before taking legal action. If your complaint has not been acted upon or you are unsatisfied with how it was addressed, you may bring a complaint to SafeWork NSW.
David Taylor, Principal at Segelov Taylor Lawyers speaks about what options you have when workplace bullying occurs.
David Taylor, Principal at Segelov Taylor Lawyers explains what unlawful discrimination means in an employment law setting.
David Taylor, Principal at Segelov Taylor Lawyers explains what options you can take if you have experienced sexual harassment in the workplace.
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