An employee who believes they have been discriminated against or sexually harassed has the right to make a complaint, either using the organisation’s internal complaints procedure or to an external agency such as the Commission. An employer has a responsibility to ensure that a person is not victimised, or treated unfavourably, because he or she has made a complaint or supported another person to make a complaint. 

The law

Victimisation is specifically prohibited under the Equal Opportunity Act 2010 and federal anti-discrimination laws.

Definition

Victimisation means punishing or threatening to punish someone. It is against the law to punish or threaten to punish someone because they have:

• asserted their rights under equal opportunity law
• made a complaint
• helped someone else make a complaint
• refused to do something because it would be discrimination, sexual harassment or victimisation.

Examples of victimisation

Victimisation in the workplace can include:

• bullying and intimidation by co-workers

• being denied a promotion or being moved to a position with lower responsibility 

• dismissal from employment

• being refused further contract work.

The legal definition of victimisation is when someone 'subjects or threatens to subject the other person to any detriment'.

Complaints

If you think you have been discriminated against, sexually harassed, victimised or vilified, contact us and talk about your concerns. Our dispute resolution service is free and confidential. We can send you information about the complaint process and if we can’t help you we will try to refer you to someone who can.

To make a complaint:

• contact us by phone, in person or email. We also have a free interpreter service
• submit your complaint online or download our complaint form (DOC, 230KB)
• chat to us online

Find out more about making a complaint.