Can my boss punish me for reporting sexual harassment at work?
The situation
I am currently working as a junior administrator at a large firm in Melbourne, Victoria. About three weeks ago, in early October, I decided to formally report a male colleague to our HR department because he has been making inappropriate and sexualised comments towards me during our morning tea breaks. Since I filed that formal complaint, my manager's behaviour has changed completely. Yesterday, he called me into his office and told me that if I continued to 'cause drama' and 'complain about others', my upcoming pay cheque would be delayed and my scheduled overtime shifts would be cancelled immediately. He basically threatened to cut my hours and make my life difficult because I spoke up about what happened. I have already tried talking to the HR representative who took my initial statement, but they haven't done anything to stop my manager from threatening my livelihood. I am really worried about my job security and my income. Is it actually illegal for my employer to treat me this badly or threaten my shifts just because I made a formal complaint about harassment?
Quick Summary
Yes, it is likely illegal for your manager to threaten your pay and shifts because you reported sexual harassment. Under Australian law, threatening to cause you a detriment because you made a complaint is considered victimisation.
Detailed Analysis
Statutory Citations
Legal Citation: Sex Discrimination Act 1984 § Section 94 — Victimisation
"a person shall be taken to commit an act of victimisation against another person if the first ‑ mentioned person subjects, or threatens to subject, the other person to any detriment on the ground that the other person: (a) has made, or proposes to make, a complaint"View Official Legislation →
Legal Citation: Sex Discrimination Act 1984 § Section 47C — Duty to eliminate unlawful sex discrimination etc.
"An employer... must take reasonable and proportionate measures to eliminate... acts of victimisation... that relate to complaints"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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