Unwanted sexual advances, inappropriate jokes or explicit emails are just some examples that can constituent sexual harassment, a criminal lawyer explained.
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Workplaces have a duty to keep their employees safe from sexual harassment and touching and they need to have policies in place to deal with complaints.
Sexual harassment is an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances.
Examples of sexual harassment include staring/leering at someone, requests for sex, sexual jokes, intrusive questions, and sexually explicit emails or text messages.
It can constitute "serious misconduct" and justify the termination of an employee.
'Sexual touching' is a criminal offences that is defined as touching another person, with any part of the body or with anything else, in circumstances where a reasonable person would consider the touching to be sexual.
An example of sexual touching is the deliberate and unwelcome touching of a person's breasts or genitals, regardless of whether or not it was done through clothing.
Wollongong's Foye Legal lawyer Jamie Coleman, who practises in personal injury criminal and employment law, encourages anyone who feels unwanted advances or groping to report the behaviour to police and their manager.
"The employer has a duty to keep their workplace safe and to ensure no sexual harassment occurs," Ms Coleman said.
Ms Coleman encouraged victims report to the incident as soon possible after it happens so there is written record.
A victim may wish to contact a supervisor or manager, a health and safety representative, the human resources department, a union or a lawyer, and they can seek support from trusted friends or family or through 1800 RESPECT to help cope with the traumatic process.
She said if people couldn't go to their manager, because they were the perpetrator, then they should go to the police, then speak to a lawyer because there were other avenues to explore such as making a complaint to the Australian Human Rights Commission or the Fair Work Commission.
Ms Coleman said from her experience working with victims, sexual harassment or touching often made them feel unsafe at work, and in their home because victims usually realised anyone could sexually harass them because once it happens in the workplace it made "the world a scarier place".
The unwanted behaviour can also affect victims physical and mentally.
"We see a lot of people develop anxiety, depression or PTSD after being sexually harassed or touched," Ms Coleman said. "The long term affects can mean they struggle to go back to work, even with a new employer and they can struggle with trust.
"We see a lot of employees who have been sexually harassed in the workplace feel guilty for reporting it.
"I always try to remind them they have done the right thing and it is a very brave thing to be able to report sexual harassment in the workplace.
"I tell them they have taken positive action that will not only help them in the long run but also other employees who don't have the same courage to speak up."
If the person is unable to work they can also make a workers compensation compliant.
Wollongong RMB criminal lawyer Robert Foster explained that employers, and employees in positions of responsibility, should openly and quickly call out inappropriate actions and words, and ensure that the persons responsible are dealt with appropriately.
"An employer should ensure they have a sexual harassment policy in place, and implement it as fully as possible. This policy should outline what sexual harassment is, how it will be treated by the employer, as well as complaint procedures and what will be done in response to such complaints," he said.
"In the event the employer becomes aware of any sexual harassment which has occurred, they must take appropriate action in response to this. Having an appropriate grievance and complaint policy in place will help ensure that such complaints are managed appropriately."
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