• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Logo
Call Us
  • Home
  • About Us
  • Our Services
    • Employment Law
    • Court Cases
    • Business & Commercial Law
    • Family Law
    • Probate & Wills
  • Our People
  • Costs
  • Our Blog
  • For Clients
    • Your Secure Documents
  • Contact Us

What are the risks to my business if sexual harassment occurs in the workplace?

May 17, 2018 By Morgan Couzens Legal

The ‘hashtag me too’ movement (#metoo) has recently swept across social media and news outlets. It could almost be said that only someone living underneath the proverbial rock would be unaware of this movement.

What isn’t as well known (and certainly should be) are the applicable laws and rules for employers and employees in Australia. In summary:

  1. State laws, like the Victorian Equal Opportunity Act 2010 makes sexual harassment in the workplace against the law. The definition of workplace is broad and includes persons working in the same place employed by different entities as well as independent contractors and volunteers. Employers are liable for the actions of employees who sexually harass another person.
  2. Federal laws, like the Sex Discrimination Act 1984 include sexual harassment as a form of sex discrimination. Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated where that reaction is reasonable in the circumstances. Employers are liable for the actions of employees engaging in sexual harassment unless the employer has taken all reasonable steps to prevent the harassment occurring.
  3. Privacy and defamation laws may be breached.
  4. Criminal laws may be violated by certain behaviours which can also constitute sexual harassment.
  5. Occupational health and safety laws may be breached.

The financial cost to a business when sexual harassment occurs can be crippling.

  1. As demonstrated by the ‘hashtag me too’ campaign, the reputation of a business may be irreparably damaged.
  2. Productivity will likely decrease and insurance premiums increase.
  3. An affected employee or a colleague of an affected employee may complain to the State work safety authority and/or make a worker’s compensation claim.
  4. The Courts have demonstrated a willingness to accept submissions from complainants for millions of dollars in damages for alleged pain, suffering and hurt caused by sexual harassment.

Please give us a call on (03) 5722 4681, if you would like to talk through what steps your business can take to avoid problems with sexual harassment.

MORGAN COUZENS LEGAL

 


The information provided in this blog is produced for guidance purposes only and is not legal advice. The information contained in this blog is based on the current state of the law at the time of writing. The law may have changed since this blog was written.
Morgan Couzens Legal does not accept liability for any loss or damage arising from reliance on the content of this or any blog produced by Morgan Couzens Legal. Liability is limited by a scheme approved under Professional Standards Legislation.
Legal advice should be sought for your individual circumstances. For advice tailored to your individual circumstances, please contact us by telephone on (03) 5722 4681.

Filed Under: Blog Tagged With: #metoo, 57224681, accredited, accredited specialist, accredited specialists, adverse action, applications, ATO, award, award breaches, blog, blog post, blogger, blogging, blogs, business, business law, Charles, Charles Morgan, Charles Morgan & Associates, Charles Morgan and Associates, commercial disputes, commercial law, commercial litigation, consent orders, contracts, court, Couzens, discrimination, divorce, divorce applications, employee, employer, employment, employment contract, employment law, fair work, Fair Work Act, fair work commission, Fair Work Ombudsman, family, family law, fired, FWC, FWO, general protections, harassment, hashtag, hashtag me too, hashtagmetoo, law, law blog, law institute, Law Institute of Victoria, lawyer, lawyers, Legal, legal advice, legal blog, LIV, me too movement, Melbourne, Morgan, morgan couzens, Morgan Couzens Legal, Myrtleford, no win no fee, North East, pre-modern award, probate, professional, redundancy, rights, risks, sacked, sex, Sex Discrimination Act 1985, sexual, sexual harassment, sexual harassment in the workplace, solicitor, solicitors, specialist, termination, trial, underpayment, unfair dismissal, Victorian Equal Opportunity Act 2010, Wangaratta, Wendy, Wendy Couzens, will, wills, Wodonga, workplace rights

Primary Sidebar

Online Enquiry


    Footer

    Our Advantages

    • Accredited specialist in workplace relations (Law Institute of Victoria)
    • Professional results
    • Country service

    Services

    • Employment Law
    • Court Cases
    • Business & Commercial Law
    • Family Law
    • Probate & Wills

    Contact Us

    Wangaratta Address

    • Office: Ground Floor, Suite 10, The Strand, 21-23 Reid Street, Wangaratta VIC 3677
    • Phone: (03) 5722 4681
    • [email protected]

     

    Myrtleford Address

    • Office: 1/68 Myrtle Street, Myrtleford VIC 3737
    • Phone: (03) 5752 1280
    • [email protected]

     

    Wodonga Address

    • Office: 52 High Street, Wodonga, VIC, 3690
    • Phone: (02) 6062 2115
    • [email protected]

     

    All mail: Ground Floor, Suite 10, The Strand, 21-23 Reid Street, Wangaratta, VIC 3677

    Copyright © 2025 · Website hosting by Lift Legal Marketing · Log in

    • Home
    • About Us
    • Our Services
      • Employment Law
      • Court Cases
      • Business & Commercial Law
      • Family Law
      • Probate & Wills
    • Our People
    • Costs
    • Our Blog
    • For Clients
      • Your Secure Documents
    • Contact Us