Sexual Harassment Legal Advice

If you have been sexually harassed at work, we can assist you in understanding your rights and options. Sexual harassment and victimisation is unlawful and should not have to be tolerated.

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“The industry I work in is tough, it was good to speak to someone who understood my day-to-day work challenges. My boss told me that I wasn’t entitled to overtime or annual leave. I didn’t have any reason to doubt him. It wasn’t until I spoke with Hunter and he helped me understand the Award which applied to my job and the entitlement, including overtime, that I ought to have been getting paid.” – Percy

Sexual Harassment & Victimisation

It is often the case that people who are the victims of sexual harassment are too afraid to make a complaint out of fear of reprisals or loosing their job, especially if there is a culture that condones such behaviour. We can, with discretion, ensure that your interests are protected with minimum disruption to your job and wellbeing.

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Sexual Harassment FAQs for Employees

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What is Sexual Harassment?

Sexual Harassment is:

  • unsolicited acts of personal of personal intimacy;
  • an unsolicited demand or request for sexual favours;
  • a remark with sexual connotations;
  • unwelcomed conduct of a sexual nature.

The conduct must be committed with the intention of offending, humiliating or intimidating the person who is the subject of the conduct. This might include:

  • Unwelcome physical touching
  • Staring or leering
  • Suggestive comments or jokes
  • Unwanted requests to go out on dates
  • Requests for sex
  • Texting explicit or suggestive images
  • Asking questions about intimate private matters

What happens if its denied?

Unsurprisingly, this can happen. It is important that the allegations are supported by evidence. For example, its important that the time, date and place that offending conduct occurred are all very clear and that the act of harassment be described in sufficient detail.  It will not ordinarily be enough just say that a person was harassed because they were harassed.

What is the process?

A complaint can be made to either the Queensland Anti-Discrimination Tribunal or the Human Rights Commission. Either organisation review the merits of the complaint to determine if it will be progressed. If it is progressed it will ordinarily involve a mediation or conciliation process at which the parties have to opportunity to resolve the matter. If an agreed settlement is not reached then the matter can proceed to the Federal Circuit Court or the Queensland Industrial Relations Commission.

Is there a workplace Sexual Harassment Policy?

A Sexual Harassment policy ought to be a clear written statement by an employer that Sexual Harassment in the workplace will not be tolerated.  It should set out the internal workplace procedure for the making of a sexual harassment complaint and how the complaint ought to be dealt with by an employer.

Is Sexual Harassment criminal?

If there is any doubt surrounding this question then it ought to be referred immediately to the police. Its then becomes a matter for the police as to whether or not it will be persude as a criminal complaint.

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