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Harassment Compensation Claim Solicitors - Australian Law
Helpline
Harassment within the context of employment is unlawful behaviour that offends or harms by intimidation, bullying or coercion. Harassment has the effect of violating dignity or creating an environment that is hostile, degrading, humiliating or offensive. This unwanted conduct may consist of a single serious incident or it may be a concerted series of orchestrated incidents that is intended or likely to intimidate, offend or harm an individual or group. There is no specific federal legislation operative throughout Australia that defines harassment within an employment context although it is recognised that this unlawful behaviour mainly encompasses racial harassment and sexual harassment. The Australian Human Rights Commission deals with sexual harassment and racial harassment compensation claims and can order reinstatement or can make an award of compensation :-
Race Harassment
To succeed in a claim for racial harassment it is necessary to show that the perpetrator was more than just racially prejudiced. It is necessary to show that they acted on that prejudice on the basis of race, colour, descent or national or ethnic origin and that they carried out at least one specific unlawful action. Most often racial harassment consists of repeated bullying, verbal abuse, written abuse or racist graffiti but may include more serious behaviour including physical assault and damage to the victims personal property.
This is a difficult concept with several definitions that may not entirely accord with one another. In its simplest form racial harassment occurs when a person receives unfavourable treatment or is the target of offensive behaviour because of race, colour, descent or national or ethnic origin. Qualifying behaviour can range from inappropriate comments to actual or threatened assaults, precipitated by a person’s race, colour, descent or national or ethnic origin. Racial harassment can include verbal abuse, physical abuse, written abuse, racist graffiti and damage to the victim’s property. It has the effect of violating dignity or creating an environment that is intimidating, hostile, degrading, humiliating or offensive.
A claim for compensation for racial harassment cannot be instigated merely because the perpetrator is racially prejudiced but must be accompanied by specific unlawful actions. In many cases a racial harassment compensation claim may succeed as a result of a single violent physical attack however in the case of bullying, verbal abuse, written abuse, racist graffiti or damage to the victim’s property it may be necessary to show that there has been a series of unlawful, unwanted and unacceptable incidents which the recipient finds offensive or oppressive.
Sex Harassment
The definition of sexual harassment is a difficult concept dependant on a subjective test by the victim. What may be a serious problem to one person may be mere banter to another. In its broadest terms sexual harassment may be described as "unwanted conduct based on sex affecting the dignity of a person at work" If an individual finds the conduct of another person to be offensive they should make their views known to the perpetrator and to the employer and if in due course it continues the victim should instruct an employment solicitor to make a sexual harassment compensation claim to the Australian Human Rights Commission. The employer may be held liable for the acts of other employees if they have failed to adequately protect the victim from unwarranted behaviour. It should be clearly noted that the victim of sexual harassment may be male or female and the perpetrator may be male or female with unwanted same sex conduct being considered as offensive a unwanted different sex contact.
Behaviour that will justify a sexual harassment compensation claim may come in many forms which not only includes blatant physical contact such as touching or fondling but may also consist of :-
- sexual assault
- requesting sexual favours
- sexual violence
- sexual gestures or remarks
- threats of sexual assualt
- unwanted fondling or touching
- threats of sexual violence
- telling inappropriate blue jokes.
- viewing pornographic websites
- displaying pornographic images
- unwanted sexual advances
- lewd or vulgar comments
- making sexual innuendoes
- forwarding inappropriate emails.
- badgering for attention
Employers should be aware of the potential for sexual harassment compensation claims and in their own interests should have a policy regarding this problem which provides guidelines to staff and management about how to resolve any particular situation without delay as soon as it crops up.
Employment Solicitors
Our specialist solicitors may, in suitable cases, deal with these matters using the no win no fee scheme. If you would like advice on unwanted conduct based on race, colour, descent or national or ethnic origin, with a view to a potential racial harassment compensation claim just email our offices, call the helpline or send the contact form.
If you are the abused victim of racial harassment or sexual harassment we may be able to make a harassment compensation claim to the Australian Human Rights Commission on your behalf. If you would like advice from a specialist employment solicitor just complete and send the contact form, email our offices or use the helpline.
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