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Sexual Harassment

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Taking Action Against Sexual Harassment

If you’ve experienced sexual harassment at work, you don’t have to face it alone.  At Foye Legal, our expert employment lawyers are here to support you and fight for the compensation you deserve, including lost income, hurt, distress, pain, and suffering. In these sensitive and challenging times, the right lawyer is everything for achieving the best outcome.

What is Workplace Sexual Harassment and Victimisation?

Sexual harassment occurs when a person is subjected to unwelcome sexual behavior that is offensive, humiliating, or intimidating. This behavior can include:

Victimisation occurs when someone is treated poorly for raising a complaint about sexual harassment or supporting someone else who has. Fear of victimisation often prevents people from speaking out, but both sexual harassment and victimisation are against the law.

Employers can be held legally responsible for the actions of managers, supervisors, or other employees who engage in harassment or victimisation.

Who Can Make a Sexual Harassment Claim?

Under the Federal Sex Discrimination Act 1984 and similar state legislation, you can make a claim for workplace sexual harassment if you’ve experienced sexually inappropriate conduct, even if it occurred only once.

You may be able to:

Sexual harassment claims are not limited to employees; contractors, volunteers, and others in the workplace may also have legal rights.

How Can Foye Legal Help?

Our specialist employment lawyers have extensive experience resolving sexual harassment claims with minimal disruption to your career and wellbeing. We can:

We’ve successfully resolved numerous sexual harassment claims and are committed to achieving the best outcome for every client.

What Can You Do If You’re Being Sexually Harassed at Work?

We’re in this together

As a recognised leader in employment law, we are passionate about creating safer workplaces and achieving justice for sexual harassment victims.  At Foye Legal, we will explain your rights and legal options, help you understand the steps involved in making a claim and advocate for you throughout the process, ensuring your voice is heard and your rights are protected.

WorkingWith Your Lawyer: Your Essential Toolkit

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.

What To Expect From Your First Consultation With Us

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.

sexual harassment

FAQs

Sexual harassment occurs when a person is subjected to unwelcome sexual behavior that is offensive, humiliating, or intimidating. This behavior can include:

Intent is irrelevant; what matters is the impact of the behavior. A single incident can constitute sexual harassment if it is severe. The behavior must create a risk to health and safety. 

If you experience sexual harassment, consider the following steps:

In Australia, several laws protect individuals from workplace sexual harassment:

Sex Discrimination Act 1984: Prohibits sexual harassment in various areas, including employment.

Fair Work Act 2009: From 6 March 2023, sexual harassment in connection with work is prohibited. Workers can apply to the Fair Work Commission for orders to stop the harassment. 

Work Health and Safety Laws: Require employers to provide a safe working environment, which includes preventing and addressing sexual harassment.

Yes, victims of workplace sexual harassment may be entitled to compensation for lost income, pain and suffering, psychological injury and medical expenses.

Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Ltd [2021] NSWCATAD 107

In this case, Ms. Yelda, an employee of Sydney Water, participated in a workplace safety campaign for which her photograph was used on a poster with the slogan “Feel Great – lubricate!” These posters were displayed across various Sydney Water depots, including areas near men’s restrooms and in lunchrooms. Ms. Yelda felt humiliated by the sexual connotation of the poster and the subsequent reactions from her colleagues, which included mocking emails. Despite her immediate complaints, the company’s inadequate response exacerbated her distress. The tribunal found that the poster constituted sexual harassment and that both Sydney Water and the company that created the poster, Vitality Works, were jointly liable. Ms. Yelda was awarded a total of $200,000 in damages for the distress and psychological harm she suffered. 

This case underscores the importance of employers ensuring that workplace materials are appropriate and free from any content that could be perceived as sexual harassment.

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