Discrimination and Sexual harassment claims are extremely challenging because of the onus of proof required, the reluctance of witnesses to come forward and Employers who generally maintain their employees and workplace are exemplary.
Connect Legal and Mr. Boghossian have undertaken many discrimination and sexual harassment claims and from experience you require considerable evidentiary proof and energy to resolve these long ended claims.
Discrimination and Sexual Harassment laws and covered by New South Wales Anti-Discrimination Act 1977 and the Commonwealth Sex Discrimination Act 1984.
Please also note you only have 12 months (one year) to lodge your discrimination and or sexual harassment claims.
WHAT IS SEXUAL HARASSMENT?
Sexual harassment is unwelcomed sexual behaviour that leaves you feeling embarrassed, humiliated or upset.
1. There are different types of sexual harassment, for example:
2. Touching or brushing up against you,
3. uestions about your personal life or your body,
4. Inappropriate sexual comments or insults,
5. Sexually explicit emails, notes, pictures etc.
WHO DO I MAKE A COMPLAINT TO?
Your initial complaint is made to either the NSW Anti Discrimination (ADT) and or the Australian Human Rights Commission (AHRC). We highly recommend you utilize the services of Connect Legal and Mr. Boghossian because your application has to be comprehensive and detailed. Experience has shown applications that are very thorough and well prepared generally achieve a very good income.
HOW LONG DO I HAVE TO MAKE A COMPLAINT ?
Please note you only have one year to lodge a discrimination and or sexual a harassment claim. Thereby you cannot delay lodging your claim and you have to act within a reasonable time frame.
WHAT HAPPENS AFTER I MAKE A COMPLAINT?
Your complaint will be investigated by a AHRC officer who will also require your employer to provide their position. On receipt of their written position , the officer may contact yourself again for further questions and or explanations.
On occasions we have also resolved claims at this initial stage and this is again where the help of Mr. Boghossian is essential.
WHAT IS CONCILIATION?
If your claim is considered to have merit it will be set down for conciliation. A conciliation conference is a private, confidential meeting that is chaired by members of AHRC. The purpose of a conciliation conference is to help you and the other party involved agree to settle the dispute.
WHAT CAN BE DETERMINED BY CONCILIATION?
The outcome of a conciliation conference will vary from case to case. However, the offender may be required to provide you with a formal apology, financial compensation or your employer may be instructed to implement adequate anti-sexual harassment policies.
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WHAT IF CONCILIATION IS NOT SUCCESSFUL?
If your dispute is not resolved at conciliation, the following options are available to you:
If you lodged a complaint with the AHRC, it will then be referred to the either the Federal Magistrate Court and or Federal Court for formal hearing.
If you have lodged your complaint with the ADT, it will then be referred to the Administrative Decisions Tribunal for formal determination