Sexual harassment is never okay

Sexual harassment is any unwelcome conduct of a sexual nature that can make you feel intimidated, offended, or humiliated. It is not limited to requests for sexual favours, inappropriate touching, and sexually suggestive jokes. Sexual harassment may also include repeated pressure to go out on a date and any unwelcome sexual advance.

Sexual harassment is considered a serious misconduct and can lead to the offender being dismissed from employment.

If you feel that you are being sexually harassed at work,  contact us for a free initial assessment of your claim. Our principal, David Taylor, is an accredited employment law expert and has 20 years of experience in handling employment and harassment claims.

Sexual harassment

Sexual harassment is serious misconduct with grave consequences

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:

  • whether there is any other action being contemplated (if there is, a claim under Commonwealth law will generally be preferred as it can be brought in the Federal Court or Federal Circuit Court)
  • whether the employee is a state public sector employee.  Such employees may not be entitled to bring claims under the Commonwealth law.

The prohibition against sexual harassment is not limited by gender or sex. 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. Some forms of sexual harassment may constitute a crime and should be reported to the police. This includes stalking and sexual assault in the workplace.

Your employer should have internal policies on sexual harassment and address any complaints made to them on such matters. In the event that the employer is the offender, you may still make a claim under state or federal laws.

Notably, even if a certain conduct is not considered sexual harassment, it may still be considered bullying or discrimination, depending on the acts involved and the situation.

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Free Case Assessment

We offer a free initial case assessment in all matters.

We will obtain preliminary information from you and provide some indicative advice as to:

  • the types of claims that may be available for you;
  • the merits of any claim;
  • the likely value of any claim;
  • our costs, and the terms on which we may act in the event you were to instruct us.

The case assessment may be by phone, via video conference (such as Zoom or Teams) or in person. There is no cost associated with this case assessment, nor any obligation to instruct us in your matter.

To arrange your free case assessment please complete the form below or contact us by phone or email.

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