Sexual Harassment Solicitors – Employment Compensation Lawyers

 
Solicitors Helpline: ☎ 1800
 

The interpretation of what constitutes sexual harassment is complex and most often is dependant a victim’s subjective stance rather than an absolute solicitors legal interpretation. What might be considered as serious by one person might be consider mere banter from the perspective of another. According to the Fair Work Act 2009, sexual harassment is defined as “unwelcome sexual behaviour that is offensive, humiliating or intimidating.” When an individual determines another person’s conduct is offensive or humiliating they should notify the individual that their conduct is offensive to them. If the conduct continues they should notify that individual’s supervisor in their presence or when the perpetrator is their supervisor they should notify them in the presence of a union official or other competent official. If the conduct continues after that point, the victim should consult or instruct an employment law solicitor who can assist in making a claim for compensation based on sexual harassment to Australia’s Human Rights Commission. The employer can be held responsible for acts committed by other employees when they failed to take action to adequately protect a victim from unlawful behaviour. It is important to understand that victims of sexual harassment could be either male or female and the offender male or female. Unwanted and unlawful conduct by members of the same sex is considered by law the same and either can result in legal action by a sexual harassment solicitor.

 

Unlawful Behaviour

Behaviour that justifies a solicitor’s compensation claim for sexual harassment might come in numerous forms that not only pertains to brazen physical contact that is unwanted such as fondling or touching, but could include any of the following:

  • sexual assault or threats
  • asking for sexual favours
  • sexual violence or threats
  • sexual remarks or gestures
  • telling of inappropriate jokes
  • viewing of pornographic websites
  • displaying of pornographic images
  • sexual advances that are unwanted
  • comments that are lewd or vulgar
  • making sexual suggestions
  • forwarding or sending explicit emails
  • pestering for attention
 

Employers Policy

It is in the best interest of employers to have a written policy forbidding sexual harassment in the workplace or during work related functions. That policy should be placed on information boards and frequently addressed during information meetings. Sexual harassment should not be allowed to continue in the workplace once a supervisor has been made aware of the situation. When rumours of such conduct exist an employer should investigate immediately or risk a decline in production due to lower moral. Management and staff should be trained or at the very minimum briefed on the resolution of particular situations that foster or allow sexual harassment, such as some of those listed above. Early warnings to perpetrator of misconduct can prevent further occurrence and the likely outcome, which is lower moral and unnecessary compensation claims.

Specialist Employment Solicitors

 

Our employment law solicitors might handle your claim of sexual harassment for compensation utilising the no win no fee scheme, depending on the circumstances involved. When it becomes necessary to consult an expert lawyer for free advice with no additional obligation just call the free helpline.

Solicitors Helpline: ☎ 1800
 

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