If you have experienced sexual harassment in the workplace you may have a claim for compensation. Call us on 1300 057 056 for an obligation free assessment of your case.
Rights to compensation
The Sex Discrimination Act prohibits sexual harassment and discrimination in the course of employment, education, the provision of goods and services; and other aspects of public life. Such rights are protected by both federal and state legislation which give courts the power to award significant financial compensation for pain and suffering and economic loss.
The Legal Process
We have the expertise to navigate the legal system to fight for your rights to ensure the best possible outcome.
Some cases can be settled by conciliation through the Australian Human Rights Commission. Other cases may be settled by mediation which is a formal agreement between the parties. Mediation and conciliation allow parties to enter in to an agreement for financial compensation without having to go to court. However, in some cases, going to court is the only option.
It is encouraging that the Federal Court has recently increased financial compensation for pain and suffering and economic loss caused by sexual harassment and discrimination in the work place.
Grounds of Sex Discrimination
Unlawful discrimination occurs when one person is treated less favourably than another because of a listed discrimination ground.
It is unlawful to discriminate against people on the basis of:
- gender identity
- intersex status
- sexual orientation
- marital or relationship status (including same sex and de facto couples); and
- family responsibilities including pregnancy and breast feeding.
Regardless of improvements to the law, sex discrimination and harassment continues to occur as women and minorities strive for equal opportunity in the work place and other areas of public life. For example, sexual harassment has been recently reported as widespread in the police and the armed forces. Abuses in the private and public sectors have been confirmed by the Australian Human Rights Commission and the Federal Court.
It has been well established that discriminatory treatment and sexual harassment can cause serious physical, psychological and financial damage to the victim.
Because of the complexity of legal proceedings, victims should consult a lawyer. If you have a good case, Grant & Co Lawyers can ensure that you maximise the chances of an early settlement while preparing for the possibility of taking your case to Court. It is your lawyer’s responsibility to collect and organise evidence and to build your case.
Direct and Indirect Discrimination
Direct discrimination is when an individual is victimised or treated less favourably because of their gender or other discrimination grounds. Indirect discrimination occurs when policies or principles are applied equally to all in a formal sense, yet their application has a discriminatory effect. All anti-discrimination legislation prohibits indirect discrimination with some limited exceptions.
An example, of indirect discrimination would include an employer imposing full-time working obligations on all employees without considering the needs of mothers and pregnant women employed by the company.
Where to now?
As recent cases demonstrate, after complaining about sexual harassment and discrimination, individuals too often experience bullying, victimisation and unfair dismissal. If you have been sexually harassed in the work place or experienced unlawful discrimination, please call us or send us an email to organise a free consultation to discuss your case.