Sexual harassment is an unfortunate yet true commercial malpractice that can happen to both genders. Most of the time, the victims become silent in fear of possible repercussions or because of the probable involvement of politically connected or powerful individuals.
Often, the victims are threatened with blocklisting in a particular sector if they raise their voices, and no help comes from anyone. Knowledge of sexual harassment law in these situations will help one to get justice. It would be best to take the help of skilled and experienced commercial law experts.
Sexual harassment is a disgraceful practice – there is no second opinion about it. People have started recognizing its seriousness and speaking out for equality. The most appropriate example is the recent public shaming and general ousting of a well-known Hollywood personality.
According to verified sources, 18% of interviewees own up to facing workplace sexual harassment personally at some time. Among them, 28% were women, 7% were men, and all had experienced sexual harassment in their place of employment.
Incidentally, the pain of the male sexual assault victims doesn’t receive the same treatment and attention as the women. A report on the sexual harassment cases of a significant northwestern university indicated that 5.8% of them are false. In a genuine case – where a resident of Victoria was falsely accused of sexual assault by his former wife, he lost his job, right to visit children, security license, friends, and money.
Although Investigation proved without a doubt that the accused was working during the claimed time of the assault, the women fabricated and maliciously doctored evidence to have the man convicted. Still, the state’s Director of Public Prosecutions (a woman, interestingly) refused to apologize or accept the crime of the member of her gender.
It’s essential to contact the most empathic and skilled sexual harassment lawyers to have a primary defence line against these miscreants and opportunists.
The Australian legislature directs employers to manage office workers’ health and safety risks. It affirms everyone’s right to a safe and sexual harassment-free workplace. However, a fine line exists between the consensual behaviours of two workplace friends and sexually assaulting someone. According to the harassment lawyers and the Fair Work Act, this three action in the workplace will constitute sexual harassment:
The law also clears the state of the affected person’s mind and their interpretation of the unwelcome behaviour. It states that expecting a person to be humiliated, intimidated, or offended after a supposed sexual advance is reasonable.
Therefore, it is also rational to think whether the unwanted behaviour falls under the sexual harassment tag depends on any reasonable person’s interpretation of that specific behaviour in that particular circumstance. It is also possible that a specific behaviour type can be considered sexual harassment in one situation but not in another one.
For example, witnessing or being exposed to sexually provocative behaviour can be considered sexual assault (including overhearing a sexual conversation or seeing a sexually explicit poster in the workplace).
In general, the authorities on commercial law or employment lawyers consider the following conduct as sexual harassment:
A sexual harassment event doesn’t have to be recurring or uninterrupted. Even a single instant or a one-off incident is enough to take action against the perpetrator. According to the existing employment rules and practices, an employer can hold this conduct as a valid reason for dismissal against an employee. At any rate, it is a severe, wholesome misconduct that can even extend to filing criminal cases and police proceedings.
However, bullying or discrimination in the workplace is different from sexual harassment. These two events can occur because of retaliation against a decline of sexual favour, but they differ in nature, and the legal system treats them as such. A sexual harassment lawyer will be able to define the differences.
Although the country’s legal system allows the right to have a sexual harassment-free workplace, the Fair Work Act applies to certain workers in the Australian commercial scenario. These workers include:
The national workplace tribunal dealing with the applications to stop sexual harassment at work under the Fair Work Act is the Fair Work Commission (FWC). The specified class of workers who feel or have proof of being sexually harassed can make applications to this authoritative body. They can also get information about the eligible parties to apply, the application process, and how FWC handles these problems.
In addition to taking these matters to a tribunal – the workplace will need to put in some measures to ensure that these events do not recur every time. Some of the ways the workplaces can arrange to prevent the occurrence of sexual harassment are described in the following manner:
Apart from the FWC, some anti-discrimination laws also disallow sexual harassment cases. You can complain to the Australian human rights commission (AHRC) about sexual harassment and sex-based discrimination or contact the appropriate state and territory anti-discrimination body. However, it is best to converse with the most proficient Employment lawyers in Perth before taking any step to ensure proper representation.
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