NSW Is This Workplace Harassment?

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Avraham

Active Member
21 June 2016
5
0
31
I have been employed at my current positions for approx. 10 months. During this time, there have been several instances where my manager has informed me that she is interested in me and feels we have a connection. I am not interested in her like that. Several instances have risen that concern me and my work security. I am a casual worker, working between 3-5 full-day shifts each week. I have signed no employment contract or policies upon employment.

- A few months after starting work, I started dating a colleague. This had no effect on our work as no one even knew about the relationship for weeks. My manager found out and threatened to fire me because "she was not happy with the relationship of colleagues and how it could affect work". She changed the female colleagues shifts to days when I wasn't there. These messages were sent via Facebook.

- She, the manager, becomes clearly unhappy with me when I joke with, or have lunch with other female colleagues. She has gone to lengths to disrupt our lunches to separate us. Other colleagues notice this.

- She has informed me via Facebook that she likes me, feels connected to me, regularly thinks of me, and wonders why we can't give a relationship a try. I have all the messages still. These sorts of messages have been made on about 3 occasions since I started work. I have either shrugged them off and changed conversation or ignored them.

- The latest incident, she heard from other colleagues that I have a girlfriend, so she deleted me off Facebook, ignores my SMS texts, and won't answer or return my calls. I know this will lead to either being threatened with termination of employment or my day-to-day work with her filled with her ignoring me.

I am sick of dealing with this. I shouldn't be excluded or my day made to feel bad because she wants a relationship with me and I don't feel the same. Normally we are very friendly, but then she goes on spills of being angry and sad and taking it out on me by ignoring me at work and about work.

Do these events constitute workplace harassment?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
On the face of your comments above, it would appear that your employer has made unwelcome advances of a sexual nature, which in accordance with the Antidiscrimination Act 1977 (NSW) would likely constitute grounds for sexual harassment.

The link to the legislation is available below: ANTI-DISCRIMINATION ACT 1977
 

Matthew Lynch

Lawyer
LawConnect (LawTap) Verified
18 July 2016
105
9
414
Sydney
lawtap.com
I agree with Lance.

I would add that may also be a ground of discrimination on the basis of relationship status.

You need proper legal advice in making a serious complaint of this nature. The first step should be to talk to a lawyer, then make a complaint. In these circumstances you are likely entitled to compensation for the breach.

Matthew
Matthew Lynch, Bondi Junction Lawyer: Book Online | LawTap