Employment Law: Sexual Harassment and Discrimination at Workplace

Law of Employment
Student’s Name
2018

Employment Law 1
Contents
Question 1........................................................................................................................................2
Issues............................................................................................................................................2
Rules.............................................................................................................................................2
Application...................................................................................................................................3
Conclusion...................................................................................................................................4
Question 2........................................................................................................................................5
Issue.............................................................................................................................................5
Rules.............................................................................................................................................5
Application...................................................................................................................................6
Conclusion...................................................................................................................................7
References........................................................................................................................................8

Employment Law 2
Question 1
Issues
In the provided case, Megan has been asked by Lewis for dinner. Instead of being agreed for
offered dinner, she has denied for the same saying she does not has time for outings due to her
family commitments. Further, Lewis has said that he can pay for a babysitter if in exchange;
Megan would be ready to go out with him. He also said with a wink hat they can discuss over
there the issue of allocation of files improperly. Megan returned to her work after doing blush.
Then after she has also ignored many of the further outing requests made by Lewis.
Rules
Section 92 of Equal Opportunity Act, 2010(Cth) covers the provision related to sexual placement
at workplace. This is very crucial and sensitive area of employment law which needs to be take
care on priority. Sexual harassment is a conduct in which a person does an act of physical
intimacy or shows some gesture of sexual nature or makes any sexual statement. Such statement
can be oral as well as verbal (Australian Human Rights Commission, 2018)
It was held in the case Smith v Hehir and Financial Advisors Aust Pty Ltd [2001] QADT 11 that
an action would be traded as sexual harassment when a person who do so, has reasonable believe
and anticipation that by his/her such conduct, the other person would feel provoked and offended
by his/her such act. Here this is to mention that sexual harassment can be done by employer,
employee, partner or any other person at common workplace. Further a sexual act by the said
will be considered as harassment only when it comes out from an unwelcome conduct.
Unwelcome conduct is a conduct where victim does not gives hint or shows any intention to
provoke the harasser (Saunders, 2015).