Anti-discrimination legislation across Australia contains provisions that unless an employer has taken reasonable steps to prevent harassment and discrimination, they will be legally liable for the conduct of their employee who has done the harassing. Workplace rules and codes of conduct can govern employees' behaviour during working hours and in the workplace.
This section is a supplement to the section on sexual harassment in the workplace. For a description of what sexual harassment is, and what forms it comes in, see Harassment in the Workplace.
There is no single law protecting the rights of employees while they are off work. Instead, other areas of the law, such as discrimination, drug testing, and harassment laws, protect an employee's off-duty conduct.
Legal Definitions of Sexual Harassment Sexual harassment is a legal term, created for the purpose of ending harassment and discrimination against women in the workplace. The term is constantly being redefined and extended in legislation and court decisions.
Sexual harassment can occur outside the four walls of the office and traditional work hours. Employees are often required or encouraged to spend time together when not on the clock.
The line between conduct that may be said to have taken place within or outside the workplace is often quite blurry. While the conduct of an employee in any part of their life has the potential to affect the reputation of their employer, at what point does their out of hours conduct constitute a workplace issue?
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Not all interactions with your co-workers and supervisors come to heart the walls of your workplace midst common in process hours. More and more, our interactions outstretch beyond the walls of our workplace because we are sporadically more connected than till the cows come home via collective networking and other forms of communication.
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