Sexual harassment at work is against the law. If you have experienced unwelcome sexual conduct, comments, or behaviour in your workplace, you may be entitled to compensation, separate from and in addition to any workers’ compensation claim. Koffels Solicitors & Barristers can help you understand your options.
What the law says
Under the Sex Discrimination Act 1984 (Cth), sexual harassment is unwelcome conduct of a sexual nature, in circumstances where a reasonable person would anticipate that the person being harassed would feel offended, humiliated, or intimidated. It does not need to be repeated to count. A single serious incident can meet the legal threshold on its own.
Conduct that typically qualifies
- Unwanted physical contact, touching, or attempts at physical intimacy
- Requests or pressure for sexual favours, particularly where linked to a promotion, shift allocation, or continued employment
- Repeated sexual comments, jokes, or questions about your body or sex life
- Sharing or displaying sexually explicit material, images, or messages
- Sexual gestures, staring, or other non-verbal conduct of a sexual nature
- Persistent invitations of a romantic or sexual nature after you have said no
- Indecent exposure or stalking-type behaviour connected to work
Where context matters
Some situations sit in a genuine grey area, and this is where legal advice makes the biggest difference to how a claim is assessed.
- A single mild comment, taken in isolation, may not meet the legal threshold on its own, though it can form part of a broader pattern
- Consensual workplace relationships are not harassment, though power imbalances, for example between a manager and a direct report, can change how a situation is viewed if the relationship ends or consent is later withdrawn
- General workplace banter that is not sexual in nature does not fall under this claim type, even if it is unwelcome or unprofessional
What isn’t sexual harassment
Being honest about this upfront saves people time and helps them get the right kind of help sooner.
- General rudeness, bullying, or being treated unfairly at work, where the conduct is not sexual in nature. This may still be worth raising with an employment lawyer, but it is a different claim pathway: general workplace bullying or adverse action, not sexual harassment
- Legitimate management action, such as performance reviews or disciplinary processes carried out reasonably and lawfully
- Personality conflicts or disagreements that have no sexual element
Why this distinction matters
Sexual harassment claims and general workplace grievance claims are assessed differently and often sit under different legislation. Getting an early, confidential assessment from an experienced employment lawyer means you understand which pathway applies to your situation, rather than guessing based on general information online.
Your legal options
- Claims under the Sex Discrimination Act 1984 (Cth)
- The positive duty on employers introduced by the Respect@Work reforms
- Fair Work Act general protections claims where harassment led to dismissal, demotion, or other adverse action
- Common law claims where harassment has caused a diagnosable psychiatric injury
Workers compensation versus civil compensation
A workers’ compensation claim and a civil claim are not mutually exclusive. Many people only pursue a workers’ compensation claim without realising further compensation may be available to them through a separate civil pathway.
How Koffels can help
We offer a confidential initial consultation and a no-obligation assessment of your situation with an experienced employment lawyer.
This page does not make findings or allegations against any employer or individual. It provides general information to help people understand their options.
Frequently asked questions
Do I still have to be employed there to make a claim?
No, you can make a claim after you have left a job, though time limits apply and acting sooner protects your options. Speak with an employment lawyer as soon as you can to understand the timeframes that apply to your situation.
What is the difference between a workers’ compensation claim and a civil claim?
A workers’ compensation claim generally covers medical expenses and lost wages. A civil claim can cover broader harm, including pain and suffering and the wider impact on your life. The two can often run alongside each other.
Will my employer find out I have contacted a lawyer?
Your initial consultation with Koffels Solicitors & Barristers is confidential. Nothing is reported to your employer without your instructions.
How long do I have to bring a claim?
Time limits apply and vary depending on the type of claim, and individual circumstances still matter. It is best to seek advice promptly rather than wait, since some claim types have short timeframes.
Is a single comment or incident enough to make a claim?
It can be. A single serious incident may meet the legal threshold for sexual harassment on its own; it does not need to be repeated. An employment lawyer can assess whether your situation qualifies.
What if it was a relationship, not harassment?
Consensual workplace relationships are not harassment. However, power imbalances, such as between a manager and a direct report, can change how a situation is viewed, particularly if consent is later withdrawn or the relationship ends. This is worth discussing with a lawyer if you are unsure where your situation sits.
What compensation could I be entitled to?
This depends on the nature of the harassment, its impact on you, and which legal pathway applies. An experienced employment lawyer can give you a clearer picture after an initial assessment.
