Sexual Harassment Rights



Personal Grievance
If you have been sexually harassed in your workplace, you can take a personal grievance claim to your country's Employment Authority.

An employee may bring a personal grievance on the grounds of sexual harassment where:

  • An employer or employer's representative has subjected the employee to sexual harassment (see below), or

  • A fellow employee or one of the employer's customers or clients has subjected the employee to sexual harassment, and the employer has failed to take practical steps to deal with the conduct (see below)


Sexual harassment by Employers or their representatives
An employee may bring a personal grievance for sexual harassment if the employee is requested by the employer to engage in sexual activity, or if the employer engages in unwelcome or offensive behaviour of a sexual nature as shown below:

  1. Requests for sexual activity - An employee is sexually harassed when an employer or employer's representative makes a request, directly or indirectly, of that employee for sexual intercourse, sexual contact, or other form of sexual activity

  2. Unwelcome or offensive behaviour - An employee is sexually harassed when an employer or employer's representative, by using language (written or spoken), visual material or physical behaviour of a sexual nature, subjects the employee to behaviour that is unwelcome or offensive to that employee (whether or not this is conveyed to the employer or representative), and that is either repeated or is so significant that it has a detrimental effect on the employee's employment, job performance, or job satisfaction


Sexual harassment by fellow Employees and others
An employee also has a right to bring a personal grievance claim against his or her employer for failing to deal properly with sexual harassment by fellow employees, as follows.
If a fellow employee or one of the employer's customers or clients makes a request for sexual activity or engages in unwelcome or offensive behaviour towards the employee, the employee may complain about this to the employer or to a representative of the employer.

The employer or representative must inquire and take whatever steps are practicable to prevent the behaviour being repeated.

If after a complaint has already been made there is further sexual harassment towards the complainant from the employee who was the subject of the complaint, and the employer hasn't taken practicable steps to prevent the repetition of the harassment, the employee can take a personal grievance claim against the employer as if the request or behaviour in question were that of the employer.