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Sexual Harassment in The Workplace: Can I Get Compensation?

Sexual harassment in the workplace is on the rise in Australia.

A recent survey of female Lawyers in the NSW Legal Profession found that more than 70% had reported being sexually harassed with many saying that had been subjected to unwelcome touching, objectification and repeated advances in the workplace or at social events. The survey was conducted by the Woman’s Lawyers Association of NSW and forms part of its submission to the Australian Human Rights Commissions Enquiry into sexual harassment in the workplace.

What is Sexual Harassment?

Section 28A (1) of the Sex Discrimination Act (CTH) 1984 (SDA) defines sexual harassment behaviour as:

(a) a person who makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or

(b) engages in other unwelcome conduct of a sexual nature in relation to the person harassed;

In circumstances in which a reasonable person would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

Sexual Harassment in the workplace

Section 28B of the SDA makes it unlawful for an employer to sexually harass an employee or an employee to sexually harass a fellow employee.

Sexual harassment in employment by either fellow employees or the boss is considered to be unlawful discrimination.

Section 106 of the SDA imposes vicarious liability on employers for sexual harassment by one employee towards another. The employer is liable if they fail to take all reasonable steps to prevent the employee form doing the sexual harassment.

This means the employer could be held responsible for any remedy the employee may seek as a result of the sexual harassment by another employee.

Similar provisions are found in the Anti-Discrimination Act (NSW) 1977.

If you have sustained an injury either physical or psychological you can make a claim for workers compensation benefits under the NSW Workers Compensation Act 1987.

How to report sexual harassment in the workplace

A sexual harassment claim needs to be reported to the human resources department or a manager at work. You should keep any emails or any other documents relating to the assault/harassment and record as much information as you can about any verbal comments or other actions being taken to sexually harass you.

Your employer should take your complaints seriously and remove you from the presence of the person who is sexually harassing you and investigate the allegations and do their best to stop the sexual harassment.

Unfortunately, once a complaint has been made, employers often do nothing or often do very little to prevent further sexual harassment from occurring.

If the person who is sexually harassing you is the boss and there is no one to report the conduct to, you can make a complaint to the Australian Human Rights Commission. You need to make the complaint within 12 months.

How to claim compensation for sexual harassment in the workplace

To claim monetary compensation for sexual harassment, a complaint of sexual harassment in the workplace must be made to the Australian Human Rights Commission (AHRC) within 12 months of the acts occurring.

The AHRC has the power to investigate and conciliate any such complaints and decide as to whether the sexual harassment was unlawful and also arrange for the parties to attend mediation to see if agreement can be reached.

If no agreement can be reached, then proceedings may be commenced seeking monetary compensation in the Federal Court. This must occur within 60 days of the decision by the AHRC.

Section 46PO of the AHRC Act allows the Federal Court to award damages for unlawful discrimination which includes sexual harassment. The section reads as follows: –

“if the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of rights) as it thinks fit, including any of the following orders or any order to a similar effect…..

(d)an order requiring a respondent to pay to applicant damage by way of compensation for any loss or damage suffered because of the conduct of the respondent.”

Recent cases that involve sexual harassment within the workplace

There have been two recent cases decided by the Federal Court, one (Richardson v Oracle Corporation Pty Limited) in which the court awarded the person who was sexually harassed $100,000.00 for the value of loss of enjoyment of life and the mental illness or distress caused by the conduct as well as $30,000.00 in loss of income.

Recently in the case of Katherine Hill v Owen Hughes t/as Beasley & Hughes Lawyers, the court awarded $170,000.00 to a female lawyer who had been sexually harassed by her boss. $120,000.00 was awarded for damages suffered because of the harassing conduct and $50,000.00 was awarded for aggravated damages. Aggravated damages are essentially awarded for the failure of the employer to stop or prevent the sexual harassment from occurring.

Summary

These two recent cases make it clear that the Federal Court of Australia will award substantial damages of compensation to anyone sexually harassed in the course of their employment should the employer fail to take all reasonable steps to prevent the sexual harassment from continuing once it is reported. If it is the owner of the business that is sexually harassing, you then the employer has clearly failed to take any steps to stop the harassment and will be found liable to pay compensation. It is the employer who pays the compensation.

If you would like to discuss any potential claim you may have please contact our office at (02) 8329 9500 or complete a free case assessment here.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
steve J.
00:38 29 Sep 25
Brilliant Service and I am always kept well informed. Definitely recommend this law firm to anyone seeking compensation lawyers. I really appreciate and thank Matthew and his wonderful team for their... incredible and sincere hard work they have put in for my case in the last couple of years. My family and I are blessed and very satisfied with our outcome. God Bless you Matthew Garling and your team.read more
Mark W.
10:50 17 Sep 25
Garling and Co. are an exceptional outfit. Matthew Garling is a talented lawyer and supported and surrounded by a great team of people including Allison Luck and others. What made Matthew... particularly impressive with my case were his ability to communicate complex legal processes and simplify options for the next steps, his genuine interest in the law, and his passion to seek appropriate compensation on my behalf. He was not ready to settle my case until I was ready to settle the case. I am very grateful to have had Garling and Co. 'in my corner' and would not hesitate to recommend this business to others.read more
Elyce
22:22 06 Sep 25
I never imagined this chapter would close, but it finally has.I cannot thank Joelle enough for the incredible support she gave me during one of the most challenging times in my life.Her... professionalism and genuine care throughout my claim process exceeded all my expectations.Whenever I contacted Garling and Co to speak with Joelle, I was assisted by Lynn. She was always polite, clear, and concise, and consistently showed empathy whenever I called or emailed.read more
Anonymous 1.
22:02 04 Sep 25
I was referred to Garling & Co Lawyers, after previously retaining another law firm who failed to progress my matter for a period verging on three years.This was extremely frustrating and damaging,... causing me a lot of unnecessary stress and unreasonable delays. After my first conference with Matthew, he understood the challenges that I had faced and that I wanted to resolve my matter with the defendant reasonably and in a timely manner.My matter was resolved at mediation and during the process, Matthew and Dallas Morgan (barrister), professionally communicated the procedure to me and they negotiated a reasonable settlement, that I was comfortable in accepting.Thank you to Matthew and Allison for being patient with me during the most challenging time of my life. I can now move on with my life and heal. Had I not retained Garling & Co Lawyers, I highly doubt my matter would ever have been resolved.read more
Sammy R.
01:07 04 Sep 25
Garling and Co have been the best lawyers. Kerry and Matthew have worked and been working on my case for a long time now. They have worked so hard and fought for my case every step of the way. They... are highly experienced in what they do, and are compassionate at the same time. I highly recommend this firm. My life changed in an instant when I was hit by a car, I will be forever grateful for the help they've given me. 10/10read more
Donelle L.
20:37 11 Aug 25
So very happy with the service Garling has provided with both of my claims from the start to the end cannot thank them enough Mathew and the team are the best
Rachel J
01:46 09 Aug 25
The level of service that Garling & Co provides is truely unmatched.Thank you to both Matthew and Allison for your professionalism & dedication throughout my journey of being a client.Matthew... provided me with genuine, factual and straightforward advice throughout the process and this made things easy to understand and put any uncertainty I had to rest. A complicated process ran smoothly and I always felt supported, knew where things were at and that I was in good hands.The communication at Garling & Co is exceptional. Every question I had, whether by email or phone was responded to in a timely manner and at every stage I was confident Matthew would be guiding me through the next steps - which he did, until my case was finalised.Thank you for upholding clients dignity and respect, these are values people like me need in such critical times of their lives. As a client, it is clear these values shine through. You provided me with a safe space where I was able to focus on my day to day challenges caused by my injuries, while you took care of the legal aspect on my behalf.Lastly, I’m grateful for your commitment to the work that you do and the care that you provide to people who find themselves in unfortunate circumstances beyond their control. And thank you so much for the very positive outcome that I received.read more
Ros P.
07:12 29 Jun 25
Staff polite, clear and concise. Explained well in a logistical manner. Overall a great service.
Chris G
01:25 23 Jun 25
My experience with Garling & Co has been a positive one throughout the claims process. Matthew, Emily, Emma and Rebecca have been responsive, understanding and supportive during my ongoing recovery.
Sandra C.
04:11 16 Jun 25
Garling & Co Lawyers were professional from start to finish. They made me feel like I was as important to them as all their clients. Emma Perkins and her team went over and above in all aspects to... exceed my expectations. Highly recommended.read more
READ ALL TESTIMONIALS

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steve J.
00:38 29 Sep 25
Brilliant Service and I am always kept well informed. Definitely recommend this law firm to anyone seeking compensation lawyers. I really appreciate and thank Matthew and his wonderful team for their... incredible and sincere hard work they have put in for my case in the last couple of years. My family and I are blessed and very satisfied with our outcome. God Bless you Matthew Garling and your team.read more
Mark W.
10:50 17 Sep 25
Garling and Co. are an exceptional outfit. Matthew Garling is a talented lawyer and supported and surrounded by a great team of people including Allison Luck and others. What made Matthew... particularly impressive with my case were his ability to communicate complex legal processes and simplify options for the next steps, his genuine interest in the law, and his passion to seek appropriate compensation on my behalf. He was not ready to settle my case until I was ready to settle the case. I am very grateful to have had Garling and Co. 'in my corner' and would not hesitate to recommend this business to others.read more
Elyce
22:22 06 Sep 25
I never imagined this chapter would close, but it finally has.I cannot thank Joelle enough for the incredible support she gave me during one of the most challenging times in my life.Her... professionalism and genuine care throughout my claim process exceeded all my expectations.Whenever I contacted Garling and Co to speak with Joelle, I was assisted by Lynn. She was always polite, clear, and concise, and consistently showed empathy whenever I called or emailed.read more
Anonymous 1.
22:02 04 Sep 25
I was referred to Garling & Co Lawyers, after previously retaining another law firm who failed to progress my matter for a period verging on three years.This was extremely frustrating and damaging,... causing me a lot of unnecessary stress and unreasonable delays. After my first conference with Matthew, he understood the challenges that I had faced and that I wanted to resolve my matter with the defendant reasonably and in a timely manner.My matter was resolved at mediation and during the process, Matthew and Dallas Morgan (barrister), professionally communicated the procedure to me and they negotiated a reasonable settlement, that I was comfortable in accepting.Thank you to Matthew and Allison for being patient with me during the most challenging time of my life. I can now move on with my life and heal. Had I not retained Garling & Co Lawyers, I highly doubt my matter would ever have been resolved.read more
Sammy R.
01:07 04 Sep 25
Garling and Co have been the best lawyers. Kerry and Matthew have worked and been working on my case for a long time now. They have worked so hard and fought for my case every step of the way. They... are highly experienced in what they do, and are compassionate at the same time. I highly recommend this firm. My life changed in an instant when I was hit by a car, I will be forever grateful for the help they've given me. 10/10read more
Donelle L.
20:37 11 Aug 25
So very happy with the service Garling has provided with both of my claims from the start to the end cannot thank them enough Mathew and the team are the best
Rachel J
01:46 09 Aug 25
The level of service that Garling & Co provides is truely unmatched.Thank you to both Matthew and Allison for your professionalism & dedication throughout my journey of being a client.Matthew... provided me with genuine, factual and straightforward advice throughout the process and this made things easy to understand and put any uncertainty I had to rest. A complicated process ran smoothly and I always felt supported, knew where things were at and that I was in good hands.The communication at Garling & Co is exceptional. Every question I had, whether by email or phone was responded to in a timely manner and at every stage I was confident Matthew would be guiding me through the next steps - which he did, until my case was finalised.Thank you for upholding clients dignity and respect, these are values people like me need in such critical times of their lives. As a client, it is clear these values shine through. You provided me with a safe space where I was able to focus on my day to day challenges caused by my injuries, while you took care of the legal aspect on my behalf.Lastly, I’m grateful for your commitment to the work that you do and the care that you provide to people who find themselves in unfortunate circumstances beyond their control. And thank you so much for the very positive outcome that I received.read more
Ros P.
07:12 29 Jun 25
Staff polite, clear and concise. Explained well in a logistical manner. Overall a great service.
Chris G
01:25 23 Jun 25
My experience with Garling & Co has been a positive one throughout the claims process. Matthew, Emily, Emma and Rebecca have been responsive, understanding and supportive during my ongoing recovery.
Sandra C.
04:11 16 Jun 25
Garling & Co Lawyers were professional from start to finish. They made me feel like I was as important to them as all their clients. Emma Perkins and her team went over and above in all aspects to... exceed my expectations. Highly recommended.read more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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