No one deserves to be harassed at work
Unfortunately, harassment is a reality for many people, especially women. In fact, a recent study found that 1 in 4 women have experienced sexual harassment at work. Any wrongful act sexually or insulting someone whether it is verbally or physically, this is unacceptable. And it’s even more unacceptable that so many people who experience harassment don’t feel like they can speak up or report it. Protection against harassment at your workplace has been written about before, however we feel its important to reinforce your rights. Self empowerment is a powerful tool.
Employers are increasingly aware that employees have unfair dismissal rights (F2 form), access to anti bullying legislation (F72 form) to excise rights under and general protections (F8 form) recourse. So employers who want to get “a better bang for their buck”. Or are frustrated with an employee. Maybe simply don’t like them and just want to force them out, have got clever as to how to harass employees. Getting in turn to have the desired effect and achieve whatever their goal is.
You do have rights
Employees worry about retaliation or losing their job. But here’s the thing: you have rights. And there are things you can do to protect yourself from harassment and wrongful termination or dismissal. We’ll explore some of those options and give you the information you need to know to stand up for yourself.
What does harassment mean
Harassment is defined as any inappropriate physical, verbal, or implied act that would reasonably cause someone to feel uncomfortable, humiliated, or upset. Harassment in the workplace can take many forms, from sexual harassment, illness, injury, to racial discrimination. If you feel like you’re being harassed at work, it’s important to speak up and tell your employer. you do not have to suffer in silence. Otherwise, the harassment may continue, poor performance starts to occur, depression and anxiety set in and you eventually get dismissed from your job. There are a few different ways that you can report harassment at work.
You can talk to your supervisor or human resources department, file a complaint with the Fair work Commission, Work safe in the state your from, the Australian Human Rights Commission (AHRC) or contact an representative or advisor. If you decide to speak with your supervisor or HR department, be sure to document everything that has happened. Keep track of dates, times, and witnesses if possible.
File a complaint
This will help your employer investigate the situation and take appropriate action. If you file a complaint with the Work safe body, they will investigate the allegations and determine whether there is enough evidence to pursue legal action against the company.
In some cases, they may also offer mediation between you and your employer in an attempt to resolve the situation. Lastly, if you feel like you’ve been unlawfully dismissed due to harassment, you may want to contact us immediately. We can help you understand your rights and options moving forward.
Harassment at workplace
When an employee or group of employees feel threatened or disrespected by their coworkers, workplace harassment has taken place. Harassment at workplace is a serious issue and can lead to termination from job. It is important to be aware of your rights and what constitutes harassment. Harassment can include unwelcome comments, conduct, or advances that are made because of someone’s sex, race, religion, or other protected characteristic. It can also include making offensive jokes or displaying offensive materials.
If you are being harassed at work, you should report it to your employer immediately. Your employer is required by law to take steps to prevent and address harassment in the workplace. If you are fired or forced to resign because of harassment, you may have a claim for wrongful termination. It is your right to raise your voice against any kind of harassment you are facing at your workplace and it is your right to have a safe workplace. find a workplace that aligns with your own values.
Protection against harassment at workplace
Workplace harassment can take many forms, from subtle comments or actions to more overt behaviors. It does not necessarily be based on any characteristic protected by law. (what’s listed under the Fair work Act or the equal opportunity laws in the various states). A lot of harassment is seen through the context of the actions and comments. The Employer for example puts a pile on your desk, is this harassment? Usually no, (well the work has to get on your desk somehow). However if the employer slams a pile work on your desk 15 minutes before the end of the day repeatedly and wants it finished before you go home. This could be considered harassment.
Some employers are email bullies, constantly sending abrupt emails in capitals, this may be harassment. Its all about the context. Harassment is a serious problem that can have a negative impact on both the harassed individual and the workplace as a whole. Not only can it lead to an unsafe and uncomfortable work environment, but it can also result in decreased productivity and missed work days due to stress.
You need to speak up
If you believe that you are being harassed at work, it is important to speak up. You may want to speak with your supervisor or HR department first. If the harassment is severe or persists despite your efforts to stop it, you may decide to resign from your job. (give us a call at AWNA first). While this may seem like a drastic step, it is important to remember that you have a right to work in an environment that is free from harassment. Protection against harassment at workplace act was built to give equal opportunities to men and women and their rights to earn a safe livelihood without fear of discrimination.
Each and every organization should have inquiry committee and the committee should consist three members which include one woman and one person should be from senior management and one should me senior representative of the employees. Inquiry committee of an organization will handle harassment situations according to the rules of government.
Dismissal from job
It is important to know your rights in the workplace and what protections are available to you in case of harassment or dismissal from your job. Federal and state laws prohibit discrimination and harassment in the workplace. Discrimination occurs when an employer treats an employee differently than other employees because of the employee’s race, color, religion, sex, national origin, age, disability, or genetic information. Harassment occurs when an employer creates a hostile work environment for an employee because of the employee’s protected status.
If you believe that you have been the victim of discrimination or harassment at work, you should contact an experienced advisor who can help you protect your rights. An advisor can help you determine whether you have a claim and can represent you in the various Commissions or tribunals if necessary. Due to the legal requirement for employers to protect workers from harassment, your employer may be able to terminate you if you have been accused of engaging in harassment.
Disclosing workplace harassment
If you are dismissed from the job just for disclosing workplace harassment, it is illegal for an employer to dismiss you. However, some employers make an effort to discover additional justifications to dismiss workers who report harassment (sometimes called whistleblowers). This is wrong since it is a kind of revenge. Getting experienced advice in the field of wrongful termination and/or discrimination can be challenging. An employee who has been unlawfully dismissed or subjected to discrimination may file a complaint against their company on a range of grounds.
Conclusion to: Protection against harassment at your workplace
I hope the article was helpful to you. Harassment is not a workplace game. Particularly when it involves employee mental health concerns and possibly your future. We are A Whole New Approach P/L, we are not lawyers, we are based in Victoria. However we work on a national basis. We are considered the nations leading workplace advisors and commentators. You should get advice, Be professionally represented, be smart and explore what your options are.
Call 1800 333 666 for immediate confidential advice. Beyond blue, if your mental health is at risk. click here,
All Fair work Commission matters including casual workers rights. (casual are constantly harassed in the workplace). Also non genuine redundancies and toxic workplace culture. Also general protection applications, and adverse action in the workplace. Ring around, shop around, knowledge is power, be aware though a little bit of knowledge can be dangerous.
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