You have the right to sue the employer who sexually harassed you, the law says.
But how can you go about getting compensation for what happened?
The answer is simple, according to the National Society for the Prevention of Cruelty to Children (NSPCC).
Your rights are protected by the Australian Human Rights Commission (AHRC) code of conduct and laws in the state of New South Wales and Western Australia.
The code of practice says: “If you are a victim of harassment or sexual assault and the perpetrator is an employer, your rights are not to be subjected to discrimination on the basis of race, colour, religion, sex, age, disability or pregnancy.”
“Sexual harassment and sexual assault are sexual assaults and are unlawful.”
“The law requires an employer to act with the utmost sensitivity in their workplace to ensure that a person is not subjected to harassment or to sexual assault, to avoid causing offence to anyone and to protect a person’s dignity.”
The law also says you have the legal right to complain about harassment and/or sexual assault to the Human Rights and Equal Opportunity Commission (HREOC).
“The commission has the power to investigate complaints of harassment and discrimination and to refer complaints to the appropriate authority for action.”
The commissioner is empowered to refer a complaint to the Commission for investigation, and, in exceptional circumstances, to make recommendations to the Governor-General, the Minister for Employment and Workplace Relations or to a Commissioner of the Human Services.
“The National Society of the Prevention, Advocacy and Legal Education (NSPLA) says it will take all of the following steps: “We have a long list of organisations that will be joining us on our #SayHerNameDay, which is to be held from 3 to 6 June.
We will be organising a campaign on Twitter, Instagram, Facebook, and YouTube to show support and educate the public about the law and how to protect your rights, to call on our employers to take responsibility and stop harassing, and to call for an end to workplace harassment and the discrimination it causes.
The #SayherNameDay campaign is being led by the New South Welsh Women’s Legal Service (NSWWW LWSL), a community legal organisation that represents thousands of women in NSW.NSW LWLS executive director Sue Stenning said she will be holding a phone call on Tuesday, and it is a “key day for us as we all go to work and our workplaces”.
“This call will be an opportunity for all of us to raise awareness about the rights of women to work in NSW, to give our members a voice, and make sure we don’t forget our rights.”
Stenning says that “a lot of the work that we do is about getting our message out to workplaces and organisations about the importance of having a safe workplace”.
“Our goal is to get everyone in the workplace on board with this and get everyone to realise the importance in having a workplace that’s safe, that’s supportive and safe for everyone.”
“We’re also doing this for other organisations that might not be as visible or may not be in the public eye.”
A statement on the NSW LWSL’s Facebook page said: “This is an important day for women in the NSW workforce and we are delighted that NSW LWL will be launching a campaign for our members to show their support and take action to end workplace harassment.”NSW Lawyer Phillip Adams, the national leader of NSW LWLS, says it is important for women to be aware of their rights.
“If you’ve been harassed, you need to be able to report it, you have to make sure that you report it and get the support that you need,” he said.
“You don’t need to call the police.
You don’t have to report your harasser to the police.”
If you or someone you know is being harassed, they need to report the matter to their employer.
“A lot of times they don’t even know how to report harassment, so they don of course are in a vulnerable position and we need to get them off the hook.”
And if they do report it to the authorities, the authorities need to act to protect women.”NSROC chief executive Fiona Ritchie says there is no one-size-fits-all solution.”
We have to be very careful in our legislation because it’s so broad,” she said.NSRoc chief executive Marie Ryan says the NSW Government needs to address the law.”
When people see that there’s a whole system that’s not working and that’s something that they can complain about,”
We’ve got to make it clear that it’s not only about workplace harassment, it is also about discrimination, it has to address that.”
When people see that there’s a whole system that’s not working and that’s something that they can complain about,