Sexual Harassment

Sexual harassment can take many forms. It may involve a single serious incident or a pattern of behaviour over time. It may be overt and obvious, or it may involve conduct that initially leaves you uncertain about whether a line has been crossed.

Sexual harassment can include unwanted sexual advances or touching, sexual comments or jokes, intrusive questions about your private or sexual life, sexualised messages or images, repeated requests for dates, sexually suggestive behaviour, or other unwelcome conduct of a sexual nature.

It can happen at work, in education, or when accessing goods, services or other areas of public life.

It can happen in person or online and can involve a manager, colleague, client, customer, contractor, tutor or other person you encounter through work, education or services. Sexual harassment can also overlap with sex discrimination, a hostile workplace environment, victimisation or other unlawful treatment.

Sexual harassment at work is unlawful under state and federal laws, including the Sex Discrimination Act 1984 (Cth), the Fair Work Act 2009 (Cth) and the Equal Opportunity Act 2010 (Vic). Sexual harassment is also unlawful in other protected areas of life, such as education and the provision of goods and services.

You do not need to know the legal answer before seeking advice. Many people contact a lawyer because something has happened that made them uncomfortable, distressed or unsafe, but they are unsure whether it meets the legal definition of sexual harassment.

Melanie can listen to what happened, explain the laws that may apply and help you understand your options. Seeking advice does not commit you to making a complaint or taking legal action.

There is no ‘correct’ way to respond to sexual harassment. What you decide to do may depend on whether the conduct is continuing, whether you want to remain in your workplace, the effect it has had on you, the evidence available, your financial and personal circumstances, and what you would like to achieve.

Your options may include raising the issue informally, making an internal workplace complaint, negotiating directly with your employer or another party, seeking a negotiated resolution, making a complaint to a discrimination or human rights commission or the Fair Work Commission, or commencing legal proceedings.

Melanie can help you understand the advantages, disadvantages and potential consequences of the different options available to you.

Depending on your circumstances and what you want to achieve, Melanie can provide you with legal advice and representation to help you:

• Understand whether what happened is unlawful, and your rights, options, time limits and possible remedies

• Identify the outcomes that matter to you and develop a legal strategy

• Respond to conduct that is continuing, by making an internal complaint or negotiating directly with an employer, organisation or other party

• Make a legal complaint and seek a resolution through conciliation, mediation or other dispute resolution

• Take your matter to court or a tribunal if needed.

See Complaints, Dispute Resolution & Legal Proceedings for more information about the jurisdictions where Melanie practices.

Melanie can assist clients to make complaints and represent them in dispute resolution processes at the Victorian Equal Opportunity and Human Rights Commission, the Australian Human Rights Commission and the Fair Work Commission (for work-related matters).

Where court or tribunal proceedings are appropriate, Melanie can advise and represent clients in proceedings in the Federal Court of Australia, Federal Circuit and Family Court of Australia, Supreme Court of Victoria, Magistrates’ Court of Victoria and Victorian Civil and Administrative Tribunal (VCAT).

Different people want different things after experiencing sexual harassment. For some people, the immediate priority is making the behaviour stop or being able to feel safe at work. Others may want to protect their employment, obtain compensation for financial or other harm, negotiate an exit from their workplace, receive an acknowledgement or apology, hold a person or organisation accountable, repair relationships, or ensure that what happened to them does not happen to someone else.

Understanding what matters to you is an important part of deciding what legal strategy to pursue. Melanie works with clients to identify their priorities and develop a legal strategy directed towards outcomes that are meaningful to them.

If possible, obtain legal advice before lodging a formal legal complaint or application.

Sexual harassment at work is regulated by overlapping Commonwealth and Victorian laws. Depending on your circumstances, there may be several different places where you could make a complaint or commence proceedings.

The procedures, legal tests, remedies, time limits and potential costs can differ. Importantly, the pathway you choose at the beginning can affect the options available to you later.

Melanie can help you identify what you want to achieve and advise you about the legal pathway that may give you the best opportunity to achieve those outcomes. It is not always possible to change course after a legal complaint or application has been lodged.

Time limits apply to complaints and can be short, so it is worth getting advice early.