Workplace harassment is a serious issue that affects not only the individuals directly targeted but also the overall health of an organisation. In New South Wales (NSW), laws are in place to protect employees from harassment, bullying, and discrimination in the workplace. Understanding your rights and the legal frameworks that support them is essential if you are facing or want to prevent such issues in your workplace.
This guide provides a clear overview of what constitutes workplace harassment in NSW, the laws that apply, and the steps employees can take to protect themselves against harassment in the workplace.
What Is Workplace Harassment?
Workplace harassment goes beyond occasional disagreements or minor conflicts. It refers to repeated, unreasonable behaviour directed at an employee or group of employees that creates a risk to health and safety. This can take many forms, including verbal abuse, intimidation, exclusion, or spreading rumours.
In NSW, harassment can be linked to personal attributes such as race, gender, age, disability, religion, or sexual orientation. When harassment is based on these protected characteristics, it often overlaps with workplace discrimination, which is also prohibited under state and federal law.
Legal Protections Against Harassment in NSW
Employees in NSW are protected under several laws and frameworks. The primary legislation includes:
Fair Work Act 2009
This federal law prohibits workplace bullying and harassment that creates a risk to health and safety. Under the Act, employees can apply to the Fair Work Commission for an order to stop the bullying.
Anti-Discrimination Act 1977 (NSW)
This law specifically addresses discrimination and harassment based on protected attributes such as sex, race, age, disability, and sexual orientation. It provides employees with the right to make complaints to the Anti-Discrimination NSW body.
Work Health and Safety Act 2011 (NSW)
Employers in NSW have a legal duty to ensure the health and safety of their workers. This includes taking steps to prevent bullying and harassment, as such behaviour can cause psychological harm.
Together, these laws provide a strong framework for employees seeking protection and recourse against workplace harassment.
Examples of Workplace Harassment
To understand how the law applies, it helps to look at examples of behaviour that could be considered harassment in NSW workplaces:
- Constantly criticising or belittling an employee without reason.
- Making offensive jokes, slurs, or comments based on race, gender, or other protected characteristics.
- Excluding a worker from meetings or workplace activities deliberately.
- Spreading harmful rumours or gossip.
- Unwanted physical contact or intimidating gestures.
- Overloading an employee with work or setting them up to fail.
These behaviours, when repeated and unreasonable, are recognised as workplace harassment.
The Role of Employers
Employers in NSW are legally required to provide a safe working environment, which includes protecting employees from harassment. This responsibility involves implementing workplace policies, providing training, and establishing procedures for complaints.
When a complaint is made, employers must investigate it promptly and take appropriate action. Failure to address workplace harassment can expose employers to legal liability and damage their reputation.
What Employees Can Do If Harassed
If you are experiencing harassment at work, there are several steps you can take:
1. Keep Records
Document incidents of harassment, including dates, times, locations, and witnesses. This evidence is useful if you need to escalate the issue.
2. Report Internally
Raise the issue with your manager, the human resources department, or another appropriate authority within your workplace. Many organisations have policies in place for handling complaints.
3. Seek External Help
If the problem persists or is not resolved internally, you can contact external bodies such as the Fair Work Commission, SafeWork NSW, or Anti-Discrimination NSW. These organisations can provide advice, mediation, or legal remedies.
4. Consider Legal Action
In more serious cases, you may seek legal advice or complain through the relevant legal channels. This could lead to compensation or enforcement action against the employer.
Why Awareness Matters
Workplace harassment can have severe consequences for employees, including stress, anxiety, depression, and reduced productivity. It can also impact the wider workplace culture, leading to high staff turnover and a damaged reputation for the employer. By raising awareness of workplace harassment laws in NSW, both employees and employers can foster safer, healthier workplaces.
Final Thoughts
Workplace harassment in NSW is taken very seriously by regulators and the law. Employees are protected by multiple legal frameworks, and employers are under a duty of care to prevent and address such behaviour. If you are facing harassment at work, understanding your rights and knowing the steps you can take will empower you to seek help and ensure a safer working environment.
By recognising the signs of harassment, taking action early, and making use of the protections available, you can protect your wellbeing and contribute to a workplace culture where respect and safety are the norm.