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How Do You Prove Sexual Harassment at Work
What Two Recent Cases Show Us About Sexual Harassment at Work
If something’s been happening to you at work that doesn’t feel right, perhaps comments about your body, being followed, being pressured, being made to feel small, you’re not overreacting, and you’re not the only one this has happened to. Two recent decisions show exactly what the law protects you from, and what can happen when you speak up on sexual harrassment at work.
At Rubix Legal, we’re the workplace lawyers you can trust when it comes to discusising sexual harrassment at work, and where you stand. We’ll work with you every step of the way to ensure you are always fully aware of your rights.
If you’re ready to arrange a consultation with our employment lawyers, call us on 07 3726 5002, make an enquiry through our online form.
What Actually Counts As Sexual Harassment At Work.
You don’t need to have been physically touched for it to be harassment at work, and you don’t need to have made a complaint about it at the time for it to be taken seriously later. The law asks three things: was there conduct of a sexual nature, was it unwelcome to you, and would a reasonable person have expected it might offend, humiliate or intimidate you? Your intentions don’t matter. The harasser’s intentions don’t matter.
That means comments, “jokes,” being followed, being pressured to leave a venue with someone, all of it can meet the legal test, even if physical contact did not occur.
Case One: A Young Worker, A Pattern Of Conduct, And $305,000 In Damages
In Magar v Khan [2025] FCA 874, the Federal Court heard the case of a young Nepalese student on a visa, working at a Sydney fast-food franchise. Over the course of her employment, she was subjected to a sustained pattern of sexualised conduct by the company’s director which included intrusive comments, being shown pornography, being isolated and spoken to in sexual terms. When she raised concerns, she was sent letters designed to intimidate her out of pursuing her complaint.
The Court found both the company and the director personally liable and awarded her $305,000.00, one of the highest damages amounts made under the Sex Discrimination Act 1984 (Cth), reflecting psychological injury, economic loss, and the seriousness of what she went through.
Here’s What This Means For You:
Regardless of your visa status, your age, or how “junior” your role might be:
A power imbalance doesn’t put you outside the law’s protection, in fact, it’s part of why the law exists. The Court specifically weighed Ms Magar’s age, her visa status and her reliance on the job as part of what made the sexual harrassment at work conduct so serious.
Retaliation after you complain is its own breach of the law. Being sent threatening letters, having your hours cut, being frozen out: none of that is a lawful response to a complaint. It’s called victimisation, and it’s treated as seriously as the original harassment.
Directors can be personally on the hook. This wasn’t just “a business problem.” The individual who did it was found personally liable, and so was the company.
Case Two: What Happens When The System Is Slow, But The Evidence Is There
The second case looks different on paper in that it’s a correctional officer’s unfair dismissal application, not a harassment at work claim brought by the person harassed, but it tells you something just as important.
In Lamositele v Management and Training Corporation Pty Ltd [2026] FWC 2296, a colleague reported that a fellow correctional officer had made a string of graphic sexual comments to her at work, then followed her to her car after her shift and repeatedly pressured her to go home with him despite her saying no, more than once. She reported it the next day. The employer’s investigation took months. The Commission called the delays “reprehensible” and the process “woeful.”
None of that ended up mattering to the outcome. The Fair Work Commission reviewed the CCTV footage, heard directly from both people involved, and found, independently of the employer’s flawed process, that the conduct in the carpark met the legal test for sexual harassment at work. It upheld the dismissal. The man’s unfair dismissal application was thrown out.
Here’s What This Means For You:
A messy or slow employer response doesn’t sink your case. If your employer takes too long, mishandles evidence, or gets the process wrong, that’s a problem for them, it doesn’t mean the underlying conduct won’t still be recognised for what it was.
Report promptly and tell someone. The colleague in this case reported the very next day. That timing, and the fact she’d told someone about what had happened, mattered.
Evidence you don’t control can still work in your favour. Neither party had CCTV footage of the carpark incident going in, but it ended up being the thing that settled the case. You don’t need a perfect paper trail. Write down what happened, when, and who you told, as soon as you can.
What To Actually Do If This Is Happening To You
- Write it down as soon as you can: what was said or done, the date, the time, who else was there or nearby.
- Tell someone: even just a trusted colleague or friend, as it happens. That contemporaneous account can matter more than you’d expect.
- Report it: formally if you can but know that even a slow or imperfect employer response doesn’t mean you don’t have a claim.
- Get advice early: you don’t have to wait until it’s “bad enough” or until you’ve already resigned.
At Rubix Legal, we regularly support employees who have experienced sexual harassment at work, and if there’s one thing we wish more people knew, it’s this: the doubt you’re feeling doesn’t mean nothing happened. We’re often struck by how many people tell us, almost apologetically, that they’re worried they overreacted, that they must have misread the situation, or that it “probably wasn’t that bad.” In our experience, that’s almost never the case. More often, it’s a sign of how normalised this kind of behaviour has become in some workplaces, and how much employees are left to second-guess themselves instead of being believed.
If you’re sitting with that same doubt right now, you’re not alone, and you don’t have to work it out by yourself. We can help you understand where you stand and what your options are, before you commit to anything.
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This is general information on harassment at work, not advice on your specific situation. Every workplace and every set of facts is different, and the outcomes in these cases reflect their own evidence. If something’s happening to you at work and you’re not sure where you stand, reach out for a confidential chat to understand where you stand. Rubix Legal acts exclusively for employees, so you don’t have to settle for less than what you deserve.
