In general terms harassment is unwanted behaviour of a person that “offends, humiliates or intimidates” or creates a hostile environment. It is illegal to harass someone based on characteristics such as their race, sex, age, marital status, sexual orientation, being transgendered, pregnant, breastfeeding or having responsibilities as a carer.
The Anti-Discrimination Act 1977 (NSW) provides a specific definition of sexual harassment. It is defined as circumstances where a person makes an “unwelcome sexual advance, or an unwelcome request for sexual favours” or engaging in “unwelcome conduct of a sexual nature” where a reasonable person would have anticipated that that conduct would have “offended, humiliated or intimidated” the other person.
Harassment may be a repeated occurrence or may be an isolated incident. Harassment is prohibited in the workplace, in accessing goods and services, entry into and attending entertainment venues, applications to educational institutions, in accessing accommodation and entering or attending a registered club. Harassment on the basis of one’s role as a carer is only prohibited in the workplace.
Harassment may include the circulation of offensive material, jokes, gestures, doctored photographs, offensive or crude language, abusive language and derogatory words, or may be a combination of these examples. The main focus in harassment claims is how the conduct or treatment makes someone feel. Some instances of harassment may amount to criminal conduct.
At Navado we can assist you if you have a complaint of harassment. We can work with you to seek redress against the offending person, institution, company or your employer. You may have grounds to lodge a complaint with the Anti-Discrimination Board. Once the complaint is received the Board will consider whether it is the appropriate jurisdiction to investigate the complaint. If so, a conciliation conference will be held and the parties will informally try to resolve the grievance. If conciliation is unsuccessful the matter may progress to the NSW Civil and Administrative Tribunal where a determination can be made.
At Navado we also have experience in criminal law should the harassment extend from a civil into a criminal matter and it is necessary for Police intervention. We can assist you with your attendances upon the Police and provide you with legal advice as to the criminal process.
If you wish to speak to one of our Discrimination Law & Human Rights Law Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
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