# Can my boss punish me for reporting sexual harassment at work?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-10-24
- Last updated: 2026-10-24
- Canonical: https://lawasked.com/au/employment-law/can-my-boss-punish-me-reporting-sexual-harassment

## Question

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?

## 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.

## Analysis

Based on the facts you provided, your manager's actions appear to be a direct violation of the law regarding victimisation. Victimisation occurs when someone is punished or threatened with punishment because they made a complaint about discrimination or harassment. 

Specifically, the law states that a person commits victimisation if they "subject, or threaten to subject, the other person to any detriment on the ground that the other person: (a) has made, or proposes to make, a complaint" [cite:au-sex-discrimination-1984-sec94]. In your case, your manager has threatened to delay your pay cheque and cancel your overtime shifts—both of which are financial and professional detriments—specifically because you filed a formal complaint about a colleague's sexualised comments. 

Furthermore, your employer has a "positive duty" to take "reasonable and proportionate measures to eliminate" certain types of misconduct [cite:au-sex-discrimination-1984-sec47c]. This duty includes preventing "acts of victimisation... that relate to complaints" [cite:au-sex-discrimination-1984-sec47c]. Since you have already informed HR and they have not stopped your manager from threatening your livelihood, the firm may be failing in its legal obligation to protect you from these retaliatory actions.

It is currently uncertain whether your manager's threats will be successfully defended by claiming the complaint was made in bad faith, but the law provides a defence only if it is proved the allegation was "false and was not made in good faith" [cite:au-sex-discrimination-1984-sec94]. If your report about the morning tea break comments was honest, this defence should not apply to him.

## Statutory citations

- Sex Discrimination Act 1984, Section 94 - Victimisation [in force] (https://www.legislation.gov.au/C2004A02868/latest/text)
  > 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
- Sex Discrimination Act 1984, Section 47C - Duty to eliminate unlawful sex discrimination etc. [in force] (https://www.legislation.gov.au/C2004A02868/latest/text)
  > An employer... must take reasonable and proportionate measures to eliminate... acts of victimisation... that relate to complaints

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