‘He made me feel so uncomfortable at work. I was so happy with my job but not long after he grabbed me, I had to quit.’
Kirra was happily working as a shop assistant. A new manager started in the shop and he was very friendly towards her.
The new manager would comment on how beautiful she looked and her ‘sexy legs’. Kirra felt awkward and uncomfortable when he commented on her looks and ignored him and continued to do her work.
The manager continued to leer at her and asked her to have drinks with him after work. Kirra told him she had a boyfriend. Not long after, when working alone at the back of the store, the manager came up from behind her, grabbed her hips and tried to kiss her.
Kirra was upset and left work and rang the owner of the store to complain. Rumours spread within the workplace that she was having an affair with the manager. Kirra resigned from her job as she was distraught by what had occurred to her.
How does the law apply to Kirra’s situation?
The Equal Opportunity Act makes sexual harassment against the law in certain areas of public life, including at work.
Sexual harassment is unwelcome sexual behaviour that causes a person to feel offended, humiliated, or intimidated, where a reasonable person could have anticipated that reaction in the circumstances.
Employers have a positive duty to provide a safe workplace and to take all reasonable steps to prevent sexual harassment at work.
Kirra could make a complaint of sexual harassment and victimisation against the manager and her employer.
What outcomes are available?
If Kirra decides to make a complaint to the Commission, she could ask for outcomes that are important to her and her community. These could include:
- telling her story and being heard
- an acknowledgement of her experience
- a promise to change or stop the behaviour
- financial compensation
- being given a statement of service or a
- training in equal opportunity and sexual harassment so the workplace knows it should not happen again
- reviewing and updating equal opportunity and sexual harassment policies
- the shop talking publicly (e.g., on social media) about their commitment to ensuring their workplace is free from discrimination.
Are you in a similar situation?
You can start by contacting us with your enquiry or complaint – we will then take you through your rights and options.
We can listen to your story and provide you with information about your rights under our laws.
We have staff specifically trained to support First Nations peoples make enquiries and complaints.
When you contact us, we will ask if you identify as Aboriginal and/or Torres Strait Islander so that we can provide you with an inclusive and culturally appropriate service.
You can also choose to speak directly to a First Nations staff member if one is available.
This is our tailored approach for First Nations peoples.
You can contact us by
Call 1300 292 153 – weekdays from 10am–3pm.
Send us an email at email@example.com with your issue and whether you would like to speak with a First Nations staff member.
Talk with us through our live online chat. Available weekdays from 10am–3pm.
Online complaint form
Send us your complaint through our online complaint form.
Send us a letter to our address: Victorian Equal Opportunity and Human Rights Commission, Level 3, 204 Lygon Street, Carlton, Victoria 3053