Under the Anti-Discrimination Act, harassment means unwanted conduct related to the grounds listed above,
- which has the purpose or effect of lowering a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment; or
- which may reasonably be perceived as a condition for a decision affecting the exercise of rights and obligations arising from legal relationships.
Harassment covers a wide range of repeated conduct of an offensive nature.
Sexual harassment
Sexual harassment means conduct as defined above that is sexual in nature. Importantly, it is unsolicited and unwanted behaviour, including sexual advances. It also includes conduct where consent or non-consent is the basis for making decisions in employment matters.
Psychological harassment, bullying
Psychological harassment (including bullying) means repeated behaviour that is abusive, intimidating, malicious or insidious. Such behaviour involves the abuse of power and places the victim in a position where they feel vulnerable, upset, humiliated or threatened as a result of a toxic work environment. However, power does not always mean a position of superiority, but can also include both physical strength and the ability to force someone to do something through fear or intimidation. Psychological harassment can take the form of physical, verbal and non-verbal behaviour.