Workplace sexual harassment and bullying are serious issues, and Australian law recognises that everyone has the right to a safe and respectful work environment.
Recent court and tribunal decisions demonstrate that workplace misconduct can have significant legal consequences, including substantial compensation awards for people who have experienced harassment or discrimination.
This article explains what workplace sexual harassment and bullying mean under Australian law, highlights lessons from recent decisions, and outlines the steps you can take if you experience inappropriate workplace behaviour.
This information is general only and is not intended as legal advice. If you are experiencing workplace issues, you should seek advice from an experienced employment lawyer who can provide guidance based on your circumstances.
What Is Workplace Sexual Harassment?
In Australia, sexual harassment is unlawful under the Sex Discrimination Act 1984 (Cth) and relevant state and territory anti-discrimination laws.
Sexual harassment occurs when a person engages in unwelcome conduct of a sexual nature in circumstances where a reasonable person would anticipate that the conduct could offend, humiliate, or intimidate another person.
A key point is that sexual harassment does not need to happen repeatedly. A single incident may be enough for conduct to be considered unlawful.
Examples of Sexual Harassment in the Workplace
Sexual harassment can take many forms, including:
- Physical contact: Unwelcome touching, hugging, kissing, or intentionally brushing against someone.
- Verbal or written conduct: Sexual comments, inappropriate jokes, intrusive questions about a person’s private life, requests for sexual favours, or sexually explicit messages, emails, or texts.
- Visual conduct: Staring, leering, or displaying sexually explicit images or material.
- Creating a hostile workplace environment: Conduct that creates an intimidating, uncomfortable, or offensive workplace atmosphere.
What Is Workplace Bullying?
Workplace bullying is different from sexual harassment, although the two can overlap in some situations.
Under the Fair Work Act 2009 (Cth), workplace bullying occurs when a worker or group of workers repeatedly behaves unreasonably towards another worker or group of workers, and that behaviour creates a risk to health and safety.
Examples of workplace bullying may include:
- Repeated unreasonable criticism or humiliation.
- Intimidating or threatening behaviour.
- Excluding someone from workplace activities or information.
- Unreasonable interference with a person’s ability to perform their role.
Important: Reasonable management action carried out in a reasonable way is not workplace bullying. This can include managing performance issues, providing feedback, or taking appropriate disciplinary action.
The Difference Between Sexual Harassment and Workplace Bullying
| Sexual Harassment | Workplace Bullying |
|---|---|
| Involves unwelcome conduct of a sexual nature. | Involves repeated unreasonable behaviour that creates a health and safety risk. |
| A single incident can be enough. | Generally requires repeated behaviour. |
| Can involve comments, physical conduct, messages, or sexual behaviour. | Can involve intimidation, humiliation, exclusion, or unreasonable treatment. |
Recent Workplace Sexual Harassment Cases in Australia
Recent court and tribunal decisions highlight that serious workplace misconduct can result in significant compensation awards. These decisions also demonstrate the importance of employers taking proactive steps to prevent and respond to unlawful conduct.
Case Study: Magar v Khan [2025] FCA 874
In Magar v Khan, an employee successfully brought claims against her employer’s director for sexual harassment and victimisation.
The Conduct
The Court considered a series of inappropriate and sexualised incidents, including conduct referred to as the “Car Incidents” and comments relating to the employee’s personal life. The employee eventually stopped attending work due to the psychological impact and distress caused by the behaviour.
The Outcome
The Court found that the harassment had a significant impact on the employee and that the employer had breached its legal obligations.
The employee was awarded $305,000 in compensation, including:
- $160,000 for general damages relating to the harassment.
- $130,000 for economic loss caused by the impact on her ability to work.
- $15,000 for victimisation and aggravating factors.
Case Study: JF v Oishi Teppanyaki & Café Pty Ltd & Anor [2025] QIRC 209
This matter involved a restaurant employee who made a successful complaint following serious sexual misconduct by her employer.
The Conduct
The employee alleged that the employer engaged in inappropriate sexual behaviour, including a serious assault. The employer was later convicted of a criminal offence relating to the conduct.
The Outcome
The tribunal found the conduct was a serious violation of the employee’s rights and awarded $150,000 in compensation.
- $140,000 for general damages.
- $10,000 for aggravated damages.
Key Lessons for Employees
- A single incident may be enough: Sexual harassment does not need to be repeated to be unlawful.
- The impact matters: Courts recognise the serious psychological and financial consequences workplace harassment can cause.
- Intent is not the only factor: Conduct can still be unlawful even if the person responsible claims they did not intend to cause harm.
- Victimisation is unlawful: Employers and individuals cannot retaliate against someone for making a complaint or exercising their legal rights.
- Support is available: Employees have options for reporting misconduct and seeking legal advice.
What To Do If You Experience Workplace Sexual Harassment or Bullying
If you experience or witness workplace harassment or bullying, consider taking the following steps:
1. Keep Records
Document what happened, including:
- The date and time of incidents.
- What was said or done.
- Who was present.
- Any emails, messages, or other evidence.
2. Report the Conduct
If it is safe to do so, you may report the behaviour through workplace processes, such as speaking with your manager or Human Resources team.
3. Seek External Advice
You may be able to seek assistance from:
- Australian Human Rights Commission.
- Fair Work Commission.
- Your relevant state or territory anti-discrimination body.
- An experienced employment lawyer.
Employer Responsibilities
Australian employers have a positive duty to take reasonable and proportionate steps to prevent sexual harassment and other unlawful behaviour in the workplace.
This includes creating appropriate workplace policies, providing training, responding appropriately to complaints, and taking steps to prevent misconduct from occurring.
Need Advice About Workplace Harassment or Employment Law?
If you are dealing with workplace sexual harassment, bullying, discrimination, or another employment law issue, our experienced employment lawyers can provide practical advice about your options.
Contact Somerville Laundry Lomax for confidential advice. Call 02 6621 2481 or email [email protected].
This article provides general information only and is not intended as legal advice. You should seek professional advice tailored to your circumstances.