Workplace sexual harassment and bullying are serious issues. Australian law makes it clear that everyone has the right to a safe work environment. Recent court cases show that the legal system treats these issues very seriously and awards significant compensation to victims.
This article explains what sexual harassment and bullying mean in the Australian workplace. It also provides insights from recent decisions on sexual harassment claims. This information is general only. If you’re experiencing issues in your workplace, we recommend seeking assistance from an experienced lawyer for advice tailored to your circumstances.
What is Sexual Harassment?
In Australia, the law prohibits sexual harassment under the Sex Discrimination Act 1984 (Cth) and state and territory anti-discrimination laws.
Sexual harassment involves unwelcome conduct of a sexual nature. A reasonable person would expect this conduct to offend, humiliate, or intimidate the targeted person.
Sexual harassment does not need to occur repeatedly. A single incident is enough.
Examples of this unwelcome conduct include:
- Physical Contact: Unwelcome touching, hugging, kissing, or deliberately brushing against someone.
- Verbal or Written Conduct: Sexually suggestive comments or jokes, intrusive questions about a person’s private life, unwelcome requests for sexual favours, or sending sexually explicit messages, emails, or texts.
- Visual Conduct: Staring or leering, or displaying sexually explicit pictures or posters.
- Creating a Hostile Environment: Behaviour that makes the work environment uncomfortable or threatening in a sexual way, even if it is not directed at a specific person.
What is Workplace Bullying?
Workplace bullying differs slightly from sexual harassment. Under the Fair Work Act, bullying occurs when a person or group repeatedly behaves unreasonably towards a worker or group of workers. This behaviour must create a risk to health and safety.
Bullying usually involves repeated actions that harm a person’s wellbeing. Sexual harassment, however, is defined by its sexual nature and does not need to be repeated. In some cases, repeated sexual harassment may also amount to bullying.
Important Note: Reasonable management action carried out in a reasonable way—such as disciplinary action or performance management—is not bullying.
The Law in Action: Key Lessons from Recent Cases
Recent decisions from Australian courts and tribunals show that serious workplace misconduct carries severe consequences. Courts are also increasing compensation to reflect the significant harm caused and changing community standards.
Case 1: Sexual Harassment and Victimisation by an Employer
In the case of Magar v Khan [2025] FCA 874, an employee successfully sued the director of her employer for sexual harassment and victimisation.
The Conduct: The director engaged in a series of disturbing and explicit sexual acts, referred to as the “Car Incidents”. These acts included discussions of sexual matters and the use of sex toys. The director also made humiliating and inappropriate comments about the employee’s sex life (the “Hickey Incident”). As a result, the employee stopped attending work due to fear and psychological distress.
The Result: The Court found that the harassment had a profound impact on the victim, who was a young and vulnerable woman with existing mental health issues. The Court also found that the employer breached the law. The judge stated that threatening to sue the victim for defamation after she complained was a wrongful attempt to prevent her from exercising her rights.
The Court awarded total compensation of $305,000, comprising:
- General Damages for Harassment: $160,000.
- Compensation for Economic Loss: $130,000 for past and future inability to work.
- Damages for Victimisation and Aggravation: $15,000, including the improper conduct of the defence at trial.
Case 2: Sexual Harassment and Assault in a Small Business
In JF v Oishi Teppanyaki & Café Pty Ltd & Anor [2025] QIRC 209, a restaurant employee successfully brought a complaint against her employer following a sexual assault.
The Conduct: The employer first propositioned JF for sex. After she refused, he later committed a violent and physically intimate sexual assault. He also locked the restaurant doors to prevent her from leaving. A court later convicted the employer of a criminal offence for the assault.
The Result: The tribunal found that the employer’s conduct was predatory and seriously violated her rights. It led to a diagnosis of severe and chronic Post-Traumatic Stress Disorder (PTSD).
The tribunal awarded total compensation of $150,000, comprising:
- General Damages: $140,000 for ongoing pain, suffering, and the significant impact on her life.
- Aggravated Damages: $10,000 because the employer locked the doors, which increased her fear and sense of danger.
Key Takeaways for Employees
- A Single Incident is Enough: You do not need to experience repeated behaviour for it to qualify as sexual harassment. One serious incident can justify a complaint.
- It’s Unwelcome, Not Explicit: The law focuses on whether the conduct was unwelcome and sexual in nature, not on whether the person intended harm.
- Your Wellbeing is a Priority: Courts recognise psychological injuries such as PTSD, anxiety, and depression as serious consequences. They award compensation for these impacts and any resulting inability to work.
- Victimisation is Also Unlawful: If you make a complaint, your employer or the alleged harasser cannot retaliate against you. This includes threats or dismissal. The law treats victimisation as a separate unlawful act with serious penalties.
- Seeking Help is Vital: The law provides pathways to stop the behaviour and seek compensation. You do not have to face it alone.
Practical Steps to Take
If you experience or witness sexual harassment or bullying, take clear steps to protect yourself and your rights:
- Keep Records: Write down details of each incident as soon as possible, including what happened, when, where, and who was present. Keep copies of relevant emails, messages, or documents.
- Speak Up: If you feel safe, clearly tell the person their behaviour is unwelcome and ask them to stop.
- Use Internal Processes: Report the conduct to a supervisor, manager, or Human Resources (HR).
- Seek External Advice: Contact one of the following for free, confidential advice:
- The Australian Human Rights Commission (AHRC).
- The Fair Work Commission (FWC).
- Your relevant state or territory Anti-Discrimination or Equal Opportunity body.
- A lawyer who specialises in employment or anti-discrimination law.
Remember: Australian law places a clear positive duty on employers to take proactive and meaningful steps to prevent sexual harassment and other unlawful behaviour in the workplace. If they fail to do so, they may be liable.
If you or someone you know wants more information or needs help or advice, please call (03) 9600 2768 or email [email protected].