Sexual harassment

Legislation

Sex Discrimination Act 1984 (Cth)
Equal Opportunity Act 1984 (SA)

What is sexual harassment?

Sexual harassment includes unwelcome sexual advances, requests for sexual favours or other unwelcome conduct of a sexual nature. The behaviour complained of can be either verbal or in writing.

The test used to determine whether behaviour is sexual harassment is whether a reasonable person would have anticipated that the person harassed would be offended, humiliated or intimidated by the behaviour.

Areas covered by Commonwealth law

Under the Sex Discrimination Act 1984 (Cth) the following areas are covered:

Employment: the Act covers many definitions of employment and includes commission agents, contract workers and partners in a partnership
Members of bodies with the power to grant or take action with regard to occupational qualifications (e.g. renewing, conferring, extending, revoking or withdrawing a qualification)
Members and staff of a registered organisation
Employment agencies
Educational institutions: this includes staff members and adult students and prohibits the harassment of:
- students by staff
- staff by adult students
- adult students of other adult students
Provision of goods, services and facilities
Provision of accommodation
Clubs
Commonwealth laws or programs

Areas covered by South Australian law

Employment
Educational authorities
Provision of goods, services or accommodation
Judicial officers, members of Parliament and Council members

D Andrea v Wayne Jaye and Studio Silva Photography

Ms D'Andrea accepted contract work as a photographer for a local photography studio. On her second day at the studio, Ms D'Andrea was asked by her employer (Mr Jaye) if she would like to go interstate with him. When she asked if the trip was work related, Mr Jaye said, "It could be".

Ms D'Andrea made a sexual harassment and sex discrimination complaint against Mr Jaye, claiming that he:

asked her to dinner
commented on her appearance on numerous occasions
asked questions and made comments about her relationship
told her that they were meant to be together, and that she had feelings for him but could not express them
prevented her from leaving the company premises so he could talk to her for longer
commented on her underwear and lifted up her jumper
asked her to trade trousers with him and remove her jumper while on a location shoot
slapped her bottom

A conciliation conference between the parties was held, but settlement negotiations broke down when Mr Jaye did not respond to contact from the Commission.

The matter was then referred to the Tribunal.

Mr Jaye did not appear at the Tribunal.

The Tribunal found that Ms D’Andrea was entitled to a total of $22,000 compensation, which included lost wages and $10,00 for stress and humiliation caused by the harassment.