A person is sexually harassed if he or she is subjected to unwelcome sexual conduct by someone else, in ways that a reasonable person would anticipate could possibly offend, humiliate or intimidate that person. Sexual harassment at work is against the law and employers can be held liable for the harassment of an employee by an employer, manager or supervisor, or another employee—unless the employer can show that they took all reasonable steps to prevent the sexual harassment from occurring.

In addition to seeking legal advice, there are a number of simple things that you can also do which may assist:

• Keep a diary. Take notes of the sexual harassment that you are subjected to, including when it happens and who the perpetrator is.
• Be informed. Make sure you have a copy of your contract of employment, enterprise agreement and workplace policies and procedures that deal with occupational health and safety and harassment.
• If you are a union member, contact your union. Many unions are experienced in dealing with sexual harassment. If the harassment is affecting a number of employees there are advantages to addressing it collectively.
• Address the situation early. Employees who are subject to sexual harassment often put the issue to one side and wait before it gets really bad before addressing it. By this time the employee may have already suffered a work related stress injury; if this is the case, they may not be able to continue working.
• Make a complaint. Employees who make a complaint or inquiry in relation to their employment are protected from adverse action under the Fair Work Act 2009. Ideally, you should get advice prior to making a complaint.  It is better if the complaint is in writing because this will be easier to use as evidence, should the need arise. When writing a complaint be concise and stick to the key points. You should also check any policies that your employer has relating to complaints, grievances, harassment or equal opportunity. These policies may detail the form and process for making a complaint. Complaints may also be lodged with the Australian Human Rights Commission or State-based Commissions. Time limits may apply on lodging complaints. Ideally, you should act early and get advice prior to making a complaint.
• Take care of your health. Your mental and physical health is very important. If workplace harassment is affecting you, make sure you see your doctor about it.
• Seek advice. Working out which legal or practical decisions to make can be difficult with workplace discrimination cases. We can provide support and advice on a range of legal and personal matters.

Our experienced employment lawyers have resolved many sexual harassment claims on behalf of clients.  Most resolve either through our lawyers dealing directly with the employer, or their legal representatives, or through a confidential conciliation.  In many cases we can avoid the need to issue proceedings in court.  Where court proceedings are necessary and you chose to go to court, our employment lawyers have extensive experience to guide and fight for you through the court process.

In recent years, the courts have taken a tougher stance on proven sexual harassment.  The courts have recognised the significant impact that sexual harassment can have on an individual’s enjoyment of life.

In Richardson v Oracle Corporation Australia Pty Ltd and Tucker [2014] FCAFC 82 (15 July 2014) the Federal Court awarded the Applicant $100,000 in recognition of the loss of enjoyment of life that the employee had suffered as a result of sexual harassment.

In Collins v Smith [2015] VCAT 1992 at [148], the Applicant was awarded $180,000.00 in general damages for non-economic loss after she had been sexually harassed at work.

In Green v State of Queensland [2017] QCAT 008 the tribunal awarded $156,051 to a claimant who suffered an adjustment disorder and post-traumatic stress disorder following a ‘prank’ of a sexual nature at work.