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Under the Victorian Opportunity Act 2010 (Vic) and the Sex Discrimination Act 1984 (Cth), any form of sexual harassment in the workplace is unlawful. The Acts state that any sexually related behaviour which would cause a reasonable person to feel offended, humiliated or intimidated, can constitute sexual harassment at work. 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.

Examples of activity that may constitute workplace sexual harassment include; unwelcome touching, suggestive comments, inappropriate jokes, unwelcomed intimate advances, sending inappropriate emails, displaying sexual images or making sexual comments and intrusive intimate questions.

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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 Sexual Harassment?

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Frequently asked sexual harassment law questions

My co-worker often discusses his private sex life openly. I have told him multiple times that it makes me feel uncomfortable and requested he stop. Is this sexual harassment?

Yes. Any sexually related behaviour which would cause a reasonable person to feel offended, humiliated or intimidated, can constitute sexual harassment at work.

I have made complaints about a co-worker sexually harassing me, but my employer has not done anything about it. What can I do?

Your employer must take all reasonable steps to provide a safe working environment and prevent any sexual harassment in the workplace. While sexual harassment is caused by a co-worker, employers can be held legally responsible for acts of sexual 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.

My manager is making romantic advances out of office hours. Is this sexual 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. If these romantic advances are unwelcomed and cause you to feel offended, humiliated or intimidated, it may constitute sexual harassment at work.

Can I be dismissed for having a relationship with a colleague?

Generally, you are not prohibited from having a romantic relationship with another employee. If the relationship ends, caution must be exercised to ensure your actions do not constitute sexual harassment.

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