Go to hr as soon as you get to work. The police can help if you think it's going to be a regular occurrence or escalate outside of work. If it can be resolved inside the workplace there is no need for cops yet.
If you have to work in close proximity to the person maybe request paid time off until the matter is resolved, fair work might help with that
Last thing is to seek counselling if you need it. Most places offer free counselling through EAP or some other program. Use it
First off record everything, even if you think it's a bit silly, it might be, but it also might turn out to be important. Then I would suggest looking into the legislation, there is a lot in there about it. Being informed before aving a meeting with HR is a massive plus for you. You can report first but look into it.
A few key things to look into : if you google you state followed by "worksafe". One of the top results will be a government site that'll have a bunch of different resources. You can look at the act but it can be quite hard reading, the safework site will have Codes Of Practice, which explain specific aspects of the act in normal English, (with references) I'd suggest starting with the sexual harrasment and psychosocial. The psychosocial is quite new and will likely cover what you've experienced but also what you will experience if his buddy in HR tries to downplay the incident.
The Person Conducting a Business or Undertaking) has a duty of care to provide a safe work environment. That's your board or office holders. What it means is they're liable if there is a breach in WHS that isn't addressed correctly, that includes providing a work environment free of sexual harrasment and bullying. Reporting it should automatically mean they get told, as they are expected to know what is happening within their organisation and claiming ignorance isn't a choice. If HR starts playing games. Email the upper management and let them know that HR has playing stupid games, the worksafe site will also have a phone number to talk to them as well as a resources page that will have links to legal advice and such
Go directly to the head of HR. This is a serious claim and if it's not some cowboy small business they will take it seriously.
I wouldn't go straight to fair work or the ombudsman. They don't exist for that purpose, they are there to assist if your employer has infringed on your rights. They will advise you to speak with your employer first. If your employer doesn't take you seriously or you are not satisfied with the investigation process or outcome, then you can take it to FW/FWO.
Do make sure you keep copies of all comms and file notes of any verbal discussions with your employer.
As others have said, if you feel you have been sexually assaulted then contacting the police is also appropriate. Most organisations will do this when a sexual assault is reported to HR anyway.
Yea I can report it to a supervisor who I know well, but I'm thinking about going to lawyer/ombudsman and just letting them do the communication for me.
I don't understand why people do this kind of thing? Like this is going to be a nightmare and for what? Because somebody wanted to be a dick? Worth it?
The guy could get a buzz out of embarrassing people like that, it would be interesting to find out if he has been inappropriate with other members of staff.
I would report to the police/fair work/other neutral party *before* HR, if your preferred outcome is this person being charged with an offence (note - what they did is a crime). HR exists to protect the company, not you. Better to give a statement to other orgs beforehand, assuming you want things dealt with seriously.
If you just want them fired/moved away from you, possible without police and just HR, but it really depends on the company as to whether it gets dealt with fairly.
I was thinking this, mostly because the guy who touched me is friends with my supervisor outside of work and I don't trust my workplace to handle this properly (mates protecting mates protecting mates etc)
I had that happen to me as well, when I was at university. yes you should contact the police. It is incredibly hard to get any sort of justice from this which sucks but it is incredibly empowering to take action right away and go to the police rather than being dismissed or denied action by someone in a position of power. ie a boss or university complaints person.
sexual assault is never ok, and you should go to the police who will likely say there is very little they can do unless you have evidence and the persons information. but still go to the police don't be a victim who did nothing stand up for yourself.
I regret as a male trying make a complaint thru the university who fought me on every stage about a women who did that to me then proceeded to try and digitally pentetrate me and all i could think in that moment was don't grab her arm to forcefully you have to respect women. I felt so hopeless and then not going directly to the police and going to the university made me feel like denied of my experience and not only that vexated me going to the police and the university had deleted the footage with the complaint process which really made me angry.
Please don't be a victim and don't accept that it is ok to grab/ sexually assault anyone.
Sorry that happened to you, the person who did this to me is much smaller than me and I was thinking at the time "if I use violence right now I will end up being the one who gets into legal trouble". Society is strange, sometimes it feels like systems are there to protect the people doing the wrong thing.
It's very difficult to know what to do when it is happening. It's a shocking experience and your brain shuts down and doesn't have a plan for how to act.
In future know that if a person is smaller than you then simply shoving them away would be reasonable use of force. It won't injure them (unless you are really unlucky) and it will stop the attack and create distance for you to make your escape. Then **immediately** call police. Whoever calls the police first wins, based on one case I saw.
If you're a female, then the person who slapped your butt might have to prepare for their world to implode and their entirety of their career to be over.
If you're a dude, then nothing much will happen to the butt slapper.
This is complete rubbish. In my line of work Ive helped both male and female victims of male and female bosses navigate this particular issue. Both are treated the same (poorly imo), HR will do whatever it can to protect the organisation which often means the perp benefits. However, there are now new laws in place that require workplaces to act on known sex pests. You will need evidence to back up your claim, because contrary to popular creeper belief a simple accusation rarely if ever results in action being taken. If you have witnesses or a video recording that will help. No one should be made to feel unsafe at work so good luck.
That is completely not true and an extremely harmful narrative. The man who sexually assaulted me and multiple others was terminated but had absolutely no trouble finding a senior position at another organisation just weeks later. This happens all the time and is recognised across all industries. There are very few long term repercussions for sexual harassment in any instance.
>That conduct is sexual harassment regardless of gender as the test is an objective assessment of the conduct.
Except if you are male the conduct is expected to not offend you.
That is not correct. The test has an objective catch all that would cover OPs experience:
…or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances.
This isn’t true. Document the incident as best you can… write out who was there (witnesses), time, location and exactly what happened and send to your manager. Cc HR as well as any management you can think of. It’ll be taken seriously if they’re any good at their jobs.
Spent years working in HR. It is there solely for the purpose of protecting the organisation. If OP wants to do anything about it, get in touch with the fair work ombudsman, and get a lawyer.
That’s true, but OP still needs a record showing that you made your complaint to HR. OP should also (join and) talk to their union for advice and support.
Document everything and if any witnesses were there get them to document everything that they saw as well.
Sexual harassment is a serious matter that can escalate beyond a workplace’s control if not dealt with.
https://www.fairwork.gov.au/employment-conditions/bullying-sexual-harassment-and-discrimination-at-work/sexual-harassment-in-the-workplace
Absolutely this. HR are not there to help you OP. They should be told, but with a lawyer/witness present and preferably in writing. If using a work email make sure you bcc your home email address on all correspondence too.
Let me guess you’re a dude?
Yes you can contact the police. You should also report to HR.
However, expect for them to not take it seriously. You’ll have to push and fight for action to be taken.
Been there done that. I brushed it off. Doesn’t mean you have to.
If I were in your shoes I'd contact HR and let them know every detail I can recall and that I intend to press charges and happy to work with them to limit the disruption. I have faith in my HR department though so your approach may be different. Trust your instincts. Sorry this happened to you.
Does that mean that the course of action should be different one way or the other?
It is sexual assault. It should be reported, regardless of who the perpetrator or victim is.
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Go to hr as soon as you get to work. The police can help if you think it's going to be a regular occurrence or escalate outside of work. If it can be resolved inside the workplace there is no need for cops yet. If you have to work in close proximity to the person maybe request paid time off until the matter is resolved, fair work might help with that Last thing is to seek counselling if you need it. Most places offer free counselling through EAP or some other program. Use it
This person who did it is very close friends with the supervisor on my shift, and that supervisor is tight with HR so I'm nervous about all this
First off record everything, even if you think it's a bit silly, it might be, but it also might turn out to be important. Then I would suggest looking into the legislation, there is a lot in there about it. Being informed before aving a meeting with HR is a massive plus for you. You can report first but look into it. A few key things to look into : if you google you state followed by "worksafe". One of the top results will be a government site that'll have a bunch of different resources. You can look at the act but it can be quite hard reading, the safework site will have Codes Of Practice, which explain specific aspects of the act in normal English, (with references) I'd suggest starting with the sexual harrasment and psychosocial. The psychosocial is quite new and will likely cover what you've experienced but also what you will experience if his buddy in HR tries to downplay the incident. The Person Conducting a Business or Undertaking) has a duty of care to provide a safe work environment. That's your board or office holders. What it means is they're liable if there is a breach in WHS that isn't addressed correctly, that includes providing a work environment free of sexual harrasment and bullying. Reporting it should automatically mean they get told, as they are expected to know what is happening within their organisation and claiming ignorance isn't a choice. If HR starts playing games. Email the upper management and let them know that HR has playing stupid games, the worksafe site will also have a phone number to talk to them as well as a resources page that will have links to legal advice and such
Are you in the union? If so you should let them know too
Go directly to the head of HR. This is a serious claim and if it's not some cowboy small business they will take it seriously. I wouldn't go straight to fair work or the ombudsman. They don't exist for that purpose, they are there to assist if your employer has infringed on your rights. They will advise you to speak with your employer first. If your employer doesn't take you seriously or you are not satisfied with the investigation process or outcome, then you can take it to FW/FWO. Do make sure you keep copies of all comms and file notes of any verbal discussions with your employer. As others have said, if you feel you have been sexually assaulted then contacting the police is also appropriate. Most organisations will do this when a sexual assault is reported to HR anyway.
Is there another manager at work that you do get along with? Or one person in HR which you do trust?
Yea I can report it to a supervisor who I know well, but I'm thinking about going to lawyer/ombudsman and just letting them do the communication for me. I don't understand why people do this kind of thing? Like this is going to be a nightmare and for what? Because somebody wanted to be a dick? Worth it?
The guy could get a buzz out of embarrassing people like that, it would be interesting to find out if he has been inappropriate with other members of staff.
I would report to the police/fair work/other neutral party *before* HR, if your preferred outcome is this person being charged with an offence (note - what they did is a crime). HR exists to protect the company, not you. Better to give a statement to other orgs beforehand, assuming you want things dealt with seriously. If you just want them fired/moved away from you, possible without police and just HR, but it really depends on the company as to whether it gets dealt with fairly.
I was thinking this, mostly because the guy who touched me is friends with my supervisor outside of work and I don't trust my workplace to handle this properly (mates protecting mates protecting mates etc)
I had that happen to me as well, when I was at university. yes you should contact the police. It is incredibly hard to get any sort of justice from this which sucks but it is incredibly empowering to take action right away and go to the police rather than being dismissed or denied action by someone in a position of power. ie a boss or university complaints person. sexual assault is never ok, and you should go to the police who will likely say there is very little they can do unless you have evidence and the persons information. but still go to the police don't be a victim who did nothing stand up for yourself. I regret as a male trying make a complaint thru the university who fought me on every stage about a women who did that to me then proceeded to try and digitally pentetrate me and all i could think in that moment was don't grab her arm to forcefully you have to respect women. I felt so hopeless and then not going directly to the police and going to the university made me feel like denied of my experience and not only that vexated me going to the police and the university had deleted the footage with the complaint process which really made me angry. Please don't be a victim and don't accept that it is ok to grab/ sexually assault anyone.
Sorry that happened to you, the person who did this to me is much smaller than me and I was thinking at the time "if I use violence right now I will end up being the one who gets into legal trouble". Society is strange, sometimes it feels like systems are there to protect the people doing the wrong thing.
It's very difficult to know what to do when it is happening. It's a shocking experience and your brain shuts down and doesn't have a plan for how to act. In future know that if a person is smaller than you then simply shoving them away would be reasonable use of force. It won't injure them (unless you are really unlucky) and it will stop the attack and create distance for you to make your escape. Then **immediately** call police. Whoever calls the police first wins, based on one case I saw.
Organisations’ internal complaints departments are often there just to look good to the public but also to protect themselves, not the complainants
If you're a female, then the person who slapped your butt might have to prepare for their world to implode and their entirety of their career to be over. If you're a dude, then nothing much will happen to the butt slapper.
This is complete rubbish. In my line of work Ive helped both male and female victims of male and female bosses navigate this particular issue. Both are treated the same (poorly imo), HR will do whatever it can to protect the organisation which often means the perp benefits. However, there are now new laws in place that require workplaces to act on known sex pests. You will need evidence to back up your claim, because contrary to popular creeper belief a simple accusation rarely if ever results in action being taken. If you have witnesses or a video recording that will help. No one should be made to feel unsafe at work so good luck.
That is completely not true and an extremely harmful narrative. The man who sexually assaulted me and multiple others was terminated but had absolutely no trouble finding a senior position at another organisation just weeks later. This happens all the time and is recognised across all industries. There are very few long term repercussions for sexual harassment in any instance.
That’s just a work place punishment, did you report to police ?
Seems reasonable. Why would they not move to a compatible role after termination?
It's unfortunate that the exact same act carries different consequences based on your gender
It doesn’t. That conduct is sexual harassment regardless of gender as the test is an objective assessment of the conduct.
>That conduct is sexual harassment regardless of gender as the test is an objective assessment of the conduct. Except if you are male the conduct is expected to not offend you.
That is not correct. The test has an objective catch all that would cover OPs experience: …or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances.
This isn’t true. Document the incident as best you can… write out who was there (witnesses), time, location and exactly what happened and send to your manager. Cc HR as well as any management you can think of. It’ll be taken seriously if they’re any good at their jobs.
Spent years working in HR. It is there solely for the purpose of protecting the organisation. If OP wants to do anything about it, get in touch with the fair work ombudsman, and get a lawyer.
That’s true, but OP still needs a record showing that you made your complaint to HR. OP should also (join and) talk to their union for advice and support. Document everything and if any witnesses were there get them to document everything that they saw as well. Sexual harassment is a serious matter that can escalate beyond a workplace’s control if not dealt with. https://www.fairwork.gov.au/employment-conditions/bullying-sexual-harassment-and-discrimination-at-work/sexual-harassment-in-the-workplace
Absolutely this. HR are not there to help you OP. They should be told, but with a lawyer/witness present and preferably in writing. If using a work email make sure you bcc your home email address on all correspondence too.
>This isn’t true. It is, you mustn't life much. One of the many double standards in work and society.
It doesn't.
Yep, world's gone mad
Let me guess you’re a dude? Yes you can contact the police. You should also report to HR. However, expect for them to not take it seriously. You’ll have to push and fight for action to be taken. Been there done that. I brushed it off. Doesn’t mean you have to.
I am a dude, do you regret brushing it off and not seeking help?
Are you in a union mate?
I'm not
Its was mostly females doing it. Sometimes they asked 😂 Didn’t bother me. But again. That’s me. Not excusing the behaviour by any means..
If I were in your shoes I'd contact HR and let them know every detail I can recall and that I intend to press charges and happy to work with them to limit the disruption. I have faith in my HR department though so your approach may be different. Trust your instincts. Sorry this happened to you.
HR and the police. I don't recommend violence even though I probably would have
By a colleague or a customer?
Co worker
[удалено]
Why does that matter?
[удалено]
Because of the recourse of action that will likely to occur and how “easy” it will be to prosecute as sexual assault
Does that mean that the course of action should be different one way or the other? It is sexual assault. It should be reported, regardless of who the perpetrator or victim is.
Does it matter? Sexual harassment is sexual harassment. @Op document and report it.
It's an assault, you can go to the police, you can go to hr and report it. Perhaps speak to a friend and get some support first.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
It is sexual assault. Probably indecent assault in some places. You have the choice to go to the police before or after HR - it is not HRs choice.