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Workplace harassment can be physical, verbal, psychological and sexual.

Physical harassment refers to physical threats or attacks made towards an employee during their employment. In some instances, physical harassment may amount to an assault.

Psychological and verbal harassment may constitute workplace bullying, which is repeated unreasonable or negative behaviour directed towards a worker or group of workers that creates a risk to health and safety of the worker.

lawyers that handle workplace harassment

Some verbal harassment may constitute discrimination. The Australian Human Rights Commission Act 1986 (Cth) protects people from discrimination in their employment. It is a statutory body and acts as the Human Rights and Equal Opportunity Commission. Division 4 of the Australian Human Rights Commission Act (Cth) relates to equal opportunity in employment and details the functions and performance of functions relating to equal opportunity.

Some verbal harassment may also constitute sexual harassment. Under the Victorian Opportunity Act 2010 (Vic) and the Sex Discrimination Act 1984 (Cth), any form of sexual harassment in the workplace is unlawful. Under section 92(1) of the Equal Opportunity Act 2010 (Vic) section 28A(1) of the Sex Discrimination Act 1984 (Cth,) a person sexually harasses another if they, in circumstances in which a reasonable person would be offended, humiliated or intimidated. This includes subjecting anyone to physical intimacy, making remarks or statements with sexual connotations to or about a person in their presence or making any gesture, action or comment of a sexual nature in the person’s presence.

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  • July 2020

    I wouldn't hesitate to recommend McDonald Murholme. From the initial consultation, right through to the resolution process, the entire team was supportive, knowledgable and approachable and made what can be a difficult situation much easier. Specifically Trent and Alexandra provided a high level of service, and engaged with me in a very personable manner. I am extremely satisfied with the service I received.

  • July 2020

    I couldn't recommend the team from McDonald Murholme more. Mr Sam Nottle was efficient, professional and achieved a wonderful result. If you are questioning whether to go ahead with an employment matter legally, I would urge you to do so. The team at McDonald Murholme made the process easy & reduced all of my anxiety and stress. Thank you again, Mr Nottle & team, I can't express my appreciation enough.

  • June 2020

    I found Arthur Hambas & Katherine Boyles extremely professional & compassionate in my dealings with them. After telling Arthur that I felt the details surrounding my redundancy felt wrong he took on my case & secured me a better payout from my employer. I would not hesitate to recommend Mcdonald Murholme to anyone that has a feeling that something isn't quite right. I greatly appreciate everything you did.

  • May 2020

    Extremely happy with the service received from all the staff members i had to deal with. The lawyer allocated for my case (Michael Kriewaldt) was extremely professional and handled the case very smoothly. Highly recommend their services.

  • May 2020

    I found Arthur Hambas & Katherine Boyles extremely professional & compassionate in my dealings with them. After telling Arthur that I felt the details surrounding my redundancy felt wrong he took on my case & secured me a better payout from my employer. I would not hesitate to recommend Mcdonald Murholme to anyone that has a feeling that something isn't quite right. I greatly appreciate everything you did.

  • April 2020

    The solicitors at the firm were very prompt and actioned my complaint against my employer very quickly. I obtained the result I wanted, in fact, I got a better result than what I had originally asked for. I was very pleased with the results and would highly recommend McDonald Murholme.

  • March 2020

    I would like to say that McDonald Murholme have treated me with nothing but professionalism and also great service. Trent, a principal in the firm is attentive to your needs and will ensure your case is handled with care and mindful consideration to all parameters involved.

Workplace Harassment?

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Frequently asked workplace harassment questions

What constitutes harassment at work?

Similar to workplace bullying, harassment is unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety of the worker.

My employer has not done anything to stop the harassment. What can I do?

Employers can be held legally responsible for acts of discrimination or harassment that occur in the workplace or connection with a person’s employment. If your employer has failed to uphold their duty of care, they may be liable for the behaviour.

A work colleague harasses me out of working hours. Does this constitute workplace harassment?

The definition of ‘workplace’ may extend further than the office premises and to out of office conduct. Any individual who is involved in work-related activities in and in connection to, that workplace is subject to the workplace policies. Depending on the circumstances and connection to work, the out-of-office actions may still constitute workplace harassment.

I have been harassed on one occasion. Am I able to file a complaint?

Yes. Unlike the stop bullying order, there is no minimum requirement for an employee to file a claim under the Australian Human Rights Commission Act 1986 (Cth).

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