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Sexual harassment in the workplace

January 17, 2024

Sexual harassment at work is when an employee is exposed to unwanted behaviour or material of a sexual nature. Employers have a duty to keep their employees safe from sexual harassment. We explain what sexual harassment is, and what you can do about.

What is sexual harassment in the workplace?

Sexual harassment is any conduct or material of a sexual nature which interferes with your work, creates a hostile or intimidating work environment, or makes you feel uncomfortable or offended.

Sexual harassment can take many forms, including:

Verbal harassment: Inappropriate jokes, comments about your appearance, sexual innuendo, threats or intimidation.
Physical harassment: Unwanted touching, hugging, kissing, groping, or assault.
Visual harassment: Displaying sexually explicit images or materials, leering, or making sexual gestures.
Cyber harassment: Sending sexually suggestive emails, texts, or messages through social media.

It’s important to remember that sexual harassment can happen to anyone, regardless of their gender, sexual orientation, or job title.

The sexual harasser can be a boss, manager, a direct report, co-worker or even a client or business partner (like a supplier).

It is not necessary to tell the sexual harasser that their behaviour or conduct is unwanted or offensive.

What can you do if you experience sexual harassment?

There are several steps you can take to address sexual harassment in the workplace:

Report the harassment to your employer: This can be done verbally or in writing. Your employer has a legal obligation to investigate your complaint and take steps to stop the harassment from happening again.
Talk to a trusted colleague, friend, or family member: They can offer support and help you decide what to do next.
You can also seek support from your union (if you are a member) or an employee assistance program (if your employer offers this).
Seek legal advice: You can contact a lawyer specialising in employment law for guidance on your options.
Make a complaint to the Human Rights Commission: You can do this if you believe your employer has not taken reasonable steps to address the harassment.

A recent law change means victims of sexual harassment have more time to raise a personal grievance:

The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 extended the time limit for filing a personal grievance for sexual harassment to 12 months from the date of the last incident.

At Empower Law, we understand that raising a sexual harassment complaint can be very stressful and intimidating. We provide sensitive and caring support and guidance. If you need to talk to someone to understand your rights and options, contact us for a free no obligation chat.

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Picture of Jaenine Badenhorst

Jaenine Badenhorst

Email: [email protected]
LinkedIn: www.linkedin.com/in/ jaenine-badenhorst-lawyer
Phone: +64 04 213 6408

Picture of Jaenine Badenhorst

Jaenine Badenhorst

Email: [email protected]
LinkedIn: www.linkedin.com/in/ jaenine-badenhorst-lawyer
Phone: +64 04 213 6408

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Phone: +64 04 213 6408

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Jaenine Badenhorst

Email: [email protected]
LinkedIn: Jaenine Badenhorst Lawyer
Phone: +64 04 213 6408

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