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Understanding Workplace Harassment
Workplace harassment may include repeated unreasonable behaviour, intimidation, humiliation or unwanted conduct of a sexual nature. Legal protections arise under the Fair Work Act 2009, the Sex Discrimination Act 1984 (Cth) and the Anti-Discrimination Act 1977 (NSW).
The Fair Work Commission has jurisdiction to deal with workplace bullying applications, including orders to stop bullying. Sexual harassment and discrimination complaints may also proceed through state or federal anti-discrimination bodies and, in some cases, the Federal Court.
Employers have positive obligations to provide a safe workplace and to respond appropriately to complaints.
When to Seek Legal Advice About Workplace Harassment
Legal advice is important when:
- You are experiencing repeated unreasonable behaviour at work
- A complaint of bullying or harassment has been made against you
- You intend to lodge a Fair Work bullying application
- Sexual harassment allegations have arisen
- An internal investigation has commenced
- Disciplinary action is proposed following a complaint
- There is potential exposure to regulatory or court proceedings
Early advice assists in managing procedural fairness and statutory timeframes.
Our Legal Services for Workplace Harassment
We advise employees and employers in harassment matters, including:
- Workplace bullying applications
- Sexual harassment complaints
- Internal investigation advice
- Fair Work Commission representation
- Anti-discrimination proceedings
- Settlement negotiations
Our Approach to Workplace Harassment Matters
We assess the factual allegations, workplace policies and relevant communications. Evidence is reviewed carefully to determine whether conduct meets the statutory definition of bullying or harassment.
Where conduct occurred online or through social media platforms, workplace social media policies may also be relevant to the assessment. Where a policy is not in place or requires review, our employment lawyers can assist.
For employees, we advise on complaint pathways, evidentiary requirements and potential remedies. For employers, we assist in conducting procedurally fair investigations and managing risk exposure.
Where applications are lodged with the Fair Work Commission or anti-discrimination bodies, we prepare structured submissions and represent clients throughout conciliation and hearing processes.
Our approach is measured, confidential and legally rigorous.
Why Choose Maguire & McInerney
Maguire & McInerney advises on complex workplace conduct issues involving statutory and regulatory frameworks. Our work is grounded in a detailed understanding of the Fair Work Act 2009 and anti-discrimination legislation. We provide clear advice on risk, evidence and resolution strategy, supported by transparent fee structures.
If you are dealing with a workplace harassment issue, contact our team to discuss the appropriate course of action.
Steps To Get Started
FAQs
Yes. Time limits vary depending on the type of claim and the forum in which it is brought. Prompt legal advice ensures compliance with statutory deadlines.
Compensation may be available through anti-discrimination proceedings or related legal claims, depending on the nature of the conduct and financial loss suffered.
An application may be lodged with the Fair Work Commission seeking orders to stop bullying. Internal grievance procedures may also apply. Strict procedural requirements must be followed.
Workplace harassment includes repeated unreasonable behaviour that creates a risk to health and safety. This may involve intimidation, humiliation or exclusion. Legal protections arise under the Fair Work Act 2009 and anti-discrimination legislation.
Sexual harassment is unwelcome conduct of a sexual nature that a reasonable person would expect to offend, humiliate or intimidate. It is prohibited under the Sex Discrimination Act 1984 (Cth) and the Anti-Discrimination Act 1977 (NSW).
Employers must conduct a fair and impartial investigation, ensure procedural fairness and take appropriate corrective action. Failure to respond properly may increase legal exposure.
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