If you’ve experienced sexual harassment in your workplace, our employment law team can provide specialised support. Everyone has the right to feel safe at work, in an environment free of sexual harassment. At Foye Legal, we’re here to help you understand your options and seek justice. In these sensitive situations, the right lawyer is everything for achieving the best outcome in challenging times.
In cases of sexual abuse, the survivor may not be aware of the legal avenues available to them to pursue justice until many years later.
The abuse can have a significant psychological impact on the survivor, it can take time to come to terms with what happened and then to find the courage to come forward.
There is a common misconception that survivors will not be believed if they do speak up about their abuse.
There are two types of legal avenues for survivors of abuse.
The first is a criminal case, where the survivor would go through the relevant police force to report the crime and pursue a criminal prosecution.
The other avenue is a common law claim, where the survivor would sue a responsible or negligent party for the damage they have suffered as a result of the abuse. This considers the impact that the survivor has suffered due to the crime.
Criminal law deals with crimes such as violence against another person, theft or damage to someone’s property and white-collar crime. Offences are divided into categories of how serious they are and as such are dealt with in different courts. More serious crimes are overseen by a judge and a jury. They decide whether a crime was committed and if the person who committed the crime knew that it was wrong.
At the end of a criminal case, the court will find the accused guilty or not guilty and will then convict them of the offence and prescribe a punishment. This can mean going to jail, paying a fine or doing community service.
At the end of a criminal trial in Australia, if the jury has any reasonable doubt, then the accused will not be convicted. This is not to say that the survivor is not able to access compensation, as they will still have the option to pursue a civil claim.
We are committed to supporting people across the Illawarra, Sydney and beyond with expert legal advice, ensuring your rights are protected and your voice is heard.
Eligibility for historical sexual abuse compensation
You may be eligible for compensation if:
You can pursue compensation even if:
You have the right to seek justice and compensation for the abuse you endured. Foye Legal provides dedicated legal advocacy, empowering survivors of institutional abuse to reclaim their lives. We are committed to ensuring your voice is heard and your rights are protected. Let us fight for you – contact us for a confidential consultation.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
Workplace sexual harassment involves unwelcome sexual conduct that makes a person feel offended, humiliated, or intimidated, where such a reaction is reasonable in the circumstances. This can include unwelcome touching, suggestive comments or jokes, sexually explicit emails or messages, and other inappropriate behaviors.
If you experience sexual harassment, consider the following steps:
Document the Behavior: Keep detailed records of incidents, including dates, times, locations, witnesses, and any communications.
Report the Incident: Notify your employer or human resources department about the harassment.
Seek Legal Advice: Consult with a legal professional to understand your rights and options.
Employers have a legal obligation to provide a safe work environment and take all reasonable steps to prevent sexual harassment. This includes implementing policies, providing training, and promptly addressing any complaints. Recent amendments to the Fair Work Act prohibit sexual harassment in connection with work and expand protections for workers.
Yes, sexual harassment that occurs outside of regular work hours can still be considered workplace sexual harassment if it is connected to work. This includes incidents at work-related events, during business trips, or through work-related communications.
You may have several options, including:
Filing a Complaint: With the Fair Work Commission or the Australian Human Rights Commission.
Seeking Compensation: For any losses or damages suffered.
Applying for Orders: To prevent further harassment.
It’s important to seek legal advice to determine the best course of action based on your specific circumstances.
For more detailed information and support, consider visiting the Respect@Work website, which offers resources and guidance on workplace sexual harassment.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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