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Sexual Harassment Solicitors – Employment Compensation Lawyers

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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:

Sex Harassment

There are two main types of sexual harassment both of which are unlawful and can give rise to a solicitor making a complaint to the Human Rights Commission and a subsequent application to a court of law for a damages award. The courts have not imposed a definitive standard of what is and what is not offensive behaviour but have made the test subjective which means that it is the victim who decides whether particular behaviour or conduct which has the potential to be offensive does actually offend the sensibilities of the person at whom it is aimed. If the victim is offended and rejects such behaviour which is repeated then that is sufficient to ground a claim for compensation in a court of law. An employer may be held responsible for the behaviour of co-worker, line managers, managers, directors and executives. If you need legal advice or representation, you should contact our sexual harassment solicitors as soon as possible – time is of the essence and time limits apply :-