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MK Law Group

Employment Law

Sexual Harassment Lawyers in Melbourne

Workplace sexual harassment is now expressly against the law, employers carry a positive duty to prevent it, and compensation is uncapped. You have up to 24 months to act, and everything starts with a confidential conversation.

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Confidential. We reply within one business hour during work hours, or first thing next morning. Prefer to talk now? Call 1800 130 120.

Has someone at work crossed a line, and you are not sure what to do about it?

Workplace sexual harassment is now expressly against the law, employers carry a positive duty to prevent it, and compensation is uncapped. You have up to 24 months to act, and everything starts with a confidential conversation.

The law changed. Most workplaces have not caught up.

Sexual harassment in connection with work is now expressly prohibited by the Fair Work Act. Your employer is on the hook for harassment by managers and colleagues unless it took all reasonable steps to prevent it, and every employer now carries a positive duty to stamp out sexual harassment before it happens rather than simply reacting once it has.

What that means for you is leverage. If someone at work has crossed a line, you are not asking HR for a favour. You hold uncapped legal claims against the individual and, almost always, against the employer whose systems let it happen.

You do not have to decide anything today except to get advice. Call 1800 130 120 and you will get a free, completely confidential conversation with an actual lawyer rather than a call centre.

Three routes, and which one fits

The same conduct can go to the Fair Work Commission as a sexual harassment dispute, to the Australian Human Rights Commission under federal sex discrimination law, or through the Victorian equal opportunity system. All three start with confidential conciliation, and all three can end in uncapped compensation if the employer will not resolve it properly. If the harassment is ongoing and you want it stopped without leaving your job, the Commission can also make a stop sexual harassment order against the individual and the employer.

Which route we choose depends on what you actually want out of it: a quiet, fast settlement, a formal finding, protection while you stay in the role, or an exit on your own terms. That decision shapes everything else, so it is the first thing we work through with you.

Not ready to make a formal complaint? That is normal.

Most clients call us long before they decide to act. The call is free and confidential, nothing happens without your say-so, and you will come away knowing your options and your deadlines.

What your claim is actually worth

Sexual harassment compensation has no statutory cap. It covers lost income, medical and psychological treatment, and general damages for the distress and harm the conduct caused. Where harassment pushed you out of the job, the claim includes that lost career, and you want employment lawyers putting a number on the dismissal too, not just on the conduct that caused it. Employers are well aware that Australian awards have risen sharply, and that awareness is why a properly prepared claim tends to settle quietly at a serious figure during conciliation.

An employer's first offer is usually priced to buy your silence cheaply, and it rarely reflects what the claim is actually worth. Closing that gap is what a lawyer is for at conciliation.

MK Law Group

Before you talk to HR, talk to us

An internal complaint is often the right move, but how and when it is made matters. HR works for the employer. Statements you make internally will be tested against anything you say later, and a badly handled internal process can burn evidence and goodwill. We help you decide whether to complain internally, go straight to a commission, or negotiate an outcome directly, and if the employer retaliates against you for speaking up, that is unlawful victimisation and a claim in its own right.

If the conduct sits closer to persistent hostility than sexual behaviour, begin with workplace bullying; if you were dismissed after complaining, the 21-day rules explained under unfair dismissal apply to you as well. Call 1800 130 120 or use the form on this page. It is free and confidential, and it moves at whatever pace you are comfortable with.

Legal Information

Talk to a lawyer before the next step

Portrait of Michael Kuzilny, Founder of MK Law Group

Meet the firm

Michael Kuzilny

Founder & Principal, MK Law Group

Michael has been working in the Victorian legal system since 1986. MK Law Group acts for individuals, family businesses, and commercial clients across Melbourne, with a senior lawyer on every file from the first call.

"We take on the matters we know we can run well, and we are direct about the ones we cannot."

  • Practising in Victoria since 1986
  • Senior lawyer on every file from day one
  • Free initial advice on every new matter

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FAQs

Frequently asked questions

  • What counts as sexual harassment at work?

    Unwelcome sexual advances, requests for sexual favours, or other unwelcome conduct of a sexual nature where a reasonable person would anticipate you might feel offended, humiliated or intimidated. Comments, messages, images, touching and repeated invitations all qualify. It does not have to be repeated, one incident is enough, and it does not matter whether the harasser says it was a joke.

  • Is my employer responsible for what a colleague did?

    Usually, yes. Employers are vicariously liable for sexual harassment connected with work unless they prove they took all reasonable steps to prevent it, and they now also carry a positive duty to proactively eliminate sexual harassment, enforced by the Australian Human Rights Commission. Most claims are run against the employer as well as the individual, which is also where the compensation is.

  • How long do I have to make a claim?

    The Fair Work Commission can dismiss sexual harassment dispute applications made more than 24 months after the conduct, and the Australian Human Rights Commission can terminate complaints on the same 24-month basis. Some routes are shorter, and evidence gets weaker with time, so call earlier than the deadline requires. If you left the job because of the harassment, dismissal-related claims can carry a 21-day limit.

  • How much compensation can I get?

    There is no cap. Awards cover economic loss plus damages for hurt, distress and psychological injury, and Australian courts have moved sharply upward on these figures over the last decade. We will give you a realistic range on the first call based on your facts rather than quoting headline cases.

  • Will everyone find out if I make a complaint?

    No. Commission conciliations are confidential, most matters settle confidentially, and you control whether to accept any settlement. We run these files with discretion, including where you would rather resolve the matter without your current employer becoming adversarial. Whether to include or refuse a non-disclosure clause in any settlement is your decision, made with our advice.

  • I am still working with the person. What can I do right now?

    You can apply to the Fair Work Commission for a stop sexual harassment order while staying in the job, and the Commission can order the conduct to cease and require your employer to act. Save every message, write down each incident with dates, and call 1800 130 120 before making an internal complaint so we can protect your position from the start.

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