Letter about Workplace Harassment

This document is a Letter About Workplace Harassment. A letter like this is used when an employee of a company is being harassed in some way by another employee. The main purpose of this letter is to alert the employer to the harassment, as well as to create a record of the report in case it is later needed.

Unfortunately, workplace harassment in Australia is not uncommon. There are often times that employees are put in uncomfortable situations because someone is harassing them at their workplace. This letter provides a template to make a formal report to their employer, as well as to request that the employer promptly investigate and address the situation.

It is important, in these situations, to have a complete written record of all of the incidents, as well as communication between employee and employer. This will help in case the employee needs to make a legal claim to federal authorities or a court of law down the line.

According to the Australian Human Rights Commission, harassment can be against the law when a person is treated less favourably on the basis of certain personal characteristics, such as race, sex, pregnancy, marital status, breastfeeding, age, disability, sexual orientation, gender identity or intersex status. Some limited exemptions and exceptions apply.

Harassment can include behaviour such as: telling insulting jokes about particular racial groups; sending explicit or sexually suggestive emails or text messages; displaying racially offensive or pornographic posters or screen savers; making derogatory comments or taunts about someone's race; asking intrusive questions about someone's personal life, including his or her sex life.

The law also has specific provisions relating to certain types of harassment. Sexual harassment is any unwanted or unwelcome sexual behaviour where a reasonable person would have anticipated the possibility that the person harassed would feel offended, humiliated or intimidated. It has nothing to do with mutual attraction or consensual behaviour. Harassment linked to the disability of a person or their associate is against the law. Offensive behaviour based on racial hatred is against the law. Racial hatred is defined as something done in public that offends, insults, humiliates or intimidates a person or group of people because of their race, colour or national or ethnic origin.

A one-off incident can constitute harassment. All incidents of harassment require employers or managers to respond quickly and appropriately. Employers can also be held liable for harassment by their employees. This is called 'vicarious liability'.

How to use this document

This document will guide the employee through making a letter report to their employer.

Along with the necessary information, such as name and address information for the parties, this document allows space for the employee to describe what has occurred, and how they want it addressed.

The employee should be as detailed as possible when describing the incidents in order to help the employer understand the severity of the situation. The incident reports should include, when possible, dates, times, what was said or done, and other parties present.

When this letter is complete, it should be printed and signed by the employee. Then, a copy should be kept with the employee and a copy sent to the employer.

Applicable law

Bullying harassment and discrimination are addressed under the Fair Work Act 2009 (Commonwealth).

Employees may also have rights under their employment contract, discrimination policy, employee handbook or other workplace policies, an enterprise agreement or industrial award.

If employees require further information, they should seek legal advice.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.