Sexual harassment is unwelcome behaviour of a sexual nature which is done either to offend, humiliate or intimidate another person. Sexual harassment can also be where it would be reasonable to expect someone would feel offended, humiliated or intimidated by the conduct.
Sexual harassment can include unwelcome or uninvited physical intimacy such as touching in a sexual manner, sexual propositions and or remarks with sexual connotations. It is important to keep in mind that the conduct need not be deliberate or repeated for it to be considered sexual harassment.
It is not uncommon to experience sexual harassment in the workplace. Examples of sexual harassment in the workplace can include an employer/employee making unwelcome requests for sex or questioning an employee about their sex life or sexual orientation. Employers and the persons engaged in sexual harassment can both be liable for the payment of compensation due to loss or damage suffered by a person exposed to sexual harassment.
If you have been exposed to sexual harassment you are able to make a complaint to the Anti-Discrimination Commission Queensland (ADCQ). Complaints to the ADCQ must be in writing and set out in detail the persons which you are complaining about and why they may have breached the Anti-Discrimination Act 1991. Usually, a complaint should be made within twelve months of the first incident being complained of having occurred.
The ADCQ will then assess the complaint and list the matter for a Conciliation Conference. Where the matter is not successful at the Conciliation Conference the matter can proceed to a public hearing. A public hearing is held either by the Queensland Industrial Relations Commission or the Queensland Civil and Administrative Tribunal.
Sexual harassment matters can be stressful and confusing at times. Legal representation can allow you to see things clearly and make informed decisions about the steps you wish to take. Aitken Whyte Lawyers can guide you in the right direction and advise you as to possible options you may have not otherwise considered in resolving your matter.
It is essential you have experienced solicitors when dealing with disputes relating to sexual harassment in the workplace and employment law. If you have experienced sexual harassment in the workplace, our employment law team will make sure your rights are protected. We can also offer advice to employers if a complaint has been brought against you or your business.
Aitken Whyte Lawyers Brisbane are focused on results. Our solicitors can assist you with all employment matters. Call today to discuss your needs.