Sexual Harassment

This information is complimentary only and isn't to be relied upon as advice. Call our Hotline if unsure and we will try to direct you to the most appropriate services for your situation. 

What Is Sexual Harrassment?

Sexual harassment is unwelcome conduct of a sexual nature in relation to a person. It occurs in circumstances where a reasonable person would anticipate the possibility of the person who is harassed being offended, humiliated or intimidated. Conduct of a sexual nature includes making a statement of a sexual nature to, or in front of, a person. The statement can be spoken or in writing.

Examples of sexual harassment might include:

• inappropriate physical contact, such as unwelcome touching
• staring or leering
• a suggestive comment or joke
• a sexually explicit picture or poster
• an unwanted invitation to go out on dates
• a request for sex
• intrusive questioning about a person's private life or body
• unnecessary familiarity, such as deliberately brushing up against a person
• an insult or a taunt of a sexual nature
• a sexually explicit email or text message.
  
  

Inappropriate behaviour that isn’t sexual harassment might still be considered bullying or discrimination in the workplace.

Sexual harassment doesn’t have to be repeated or continuous. It can be a one-off incident. Sexual harassment in connection to employment can be considered serious misconduct and can be a valid reason for dismissal.

Some forms of sexual harassment could constitute criminal offences and should be reported to the police.

How do I avoid complaints?

It's extremely important that you keep all work professional, maintain a good reputation at work, and avoid placing yourself in situaions where a complaint may be made.

Keep reliable witnesses around colleagues, students, or patients you suspect might make complaints wherever possible– keep thorough notes for incidents – proactively report when something occurs – do not enter into situations that might even slightly blur the lines between professionalism and something else – get help if unsure. 

Won't I get in trouble for complaining?

Employees are protected from reprisals for properly raising complaints of sexual harrassment, but depending on what happens, Employers can sometimes take reprisals anyway.

If there is a power differentiation between the alleged harrasser and the alleged harrassed, it can be even more difficult for the harrassed individual. This can often reflect in penalties that follow complaints of sexual harrassment.

It's extremely important to get support, whether a friend or a union, if you find yourself in this situation. 

Need help?

If you're a member

Please Log in at member.redunion.com.au → find "Get Help?" → click "Member Support Form" → complete the form.

Not a member yet?

Red Unions generally have a policy to not accept pre-existing issues (as we focus intensely on current member issues).Sometimes the industrial team does allow a maximum 20-minute chat for pre-existing issues (depending on our team's capacity).

To sign-up directly via the sign-up form: 

1. Visit the signup form relevant to your industry (Nursing / Midwifery | Allied Health | Education | Officer | Other | New Zealand);
2. Tick "Yes" when prompted about pre-existing issues;
3. Wait for the onboarding emails after that's received –>
4. You can fill in an Member Support Form (be sure to tick "Yes" to the pre-existing question – our teams expect honesty on forms).

Sexual Harrassment is very serious.You may wish to contact your current union (if you're already in one) or visit your local law society to find a lawyer.