There has recently been a lot of publicity on celebrities bullying and sexually harassing co-workers….but what can you do if you have experienced sexual harassment in your own backyard?
Every worker, no matter if you work with a celebrity or not, should feel safe from sexual harassment in their workplace.
So what should you do if you suffered from sexual harassment?
Lodge the claim early!!!
You only have 12 months from the date of harassment to lodge a complaint with the Anti-Discrimination Commission otherwise you will forever lose your right to make a complaint.
The Commission might only accept the claim outside of those times if you have a reasonable excuse for the delay.
Once the claim is lodged, you then need to prove the claim.
Evidence to prove fault
As Queensland has a fault based system, you will need to be able to prove sexual harassment has occurred. This means collecting evidence. To start with statements should be taken from anyone who witnessed the harassment.
Attempt to resolve the claim
Once the complaint has been lodged, the Anti Discrimination Commission will contact your previous employer and the person who harassed you to discuss the matters complained of and to see if they would be willing to resolve the matter informally.
If the matter cannot be informally resolved, the Anti Discrimination Commission will arrange a Conciliation Conference for the parties to meet either face to face, or by way of telephone.
The purpose of the Conciliation Conference is to enable the parties to discuss the complaint and explore options for settlement of the dispute.
If the complaint cannot be resolved then you may elect to commence proceedings through the Queensland Civil Administrative Tribunal.
Get legal advice
In any case, it is important to get legal advice about your particular set of circumstances. Failure to get legal advice could result in you missing compensation you might otherwise be entitled. In some cases, you might even be able to make a workers’ compensation claim.
For more information or assistance contact one our injury specialists on 13 58 28.