We are frequently asked questions by employers that go along the lines of ‘Can’t I just ….dismiss them; give them a warning; tell them to leave; change their job before they injure someone…?’ The short answer is yes. You can do anything you like. Unfortunately, your preferred course of action may have some unintended consequences. The most common one is a personal grievance that can cost tens of thousands of dollars.
Q&A: When does “normal workplace behaviour” become harassment?
Harassment in the workplace is not always obvious. Many complaints arise from everyday interactions that some people dismiss as humour, banter, or ‘no big deal’. Here are some common workplace scenarios. See if you would consider them harassment
We have a webinar scheduled for 18 June to delve deeper into this topic. Here is a taster to get you thinking.
Yes.
Even if framed as humour, repeated comments that single someone out can undermine their dignity. If the comments are unwelcome and have a negative impact, they may amount to harassment. The fact that others laugh does not make it acceptable, particularly where a power imbalance exists.
No, this is sexual harassment.
Comments about physical appearance, especially when repeated or unsolicited, can be unwelcome and uncomfortable. Under the Human Rights Act 1993, sexual harassment includes verbal conduct of a sexual nature that is offensive or has a detrimental effect, regardless of the speaker’s intent. Just because the recipient smiles, it does not mean they are enjoying it. People respond in different ways, and a smile can be because they think it is the safest response: so they don’t get called sensitive or told they are overreacting, or are told ‘it’s only a compliment’, or they get the ‘you can’t say anything to anyone anymore’ response.
Yes.
People often tolerate behaviour to fit in or avoid conflict. Participation does not equal consent. If one person later makes it clear the behaviour is unwelcome and it continues, or if the behaviour was harmful all along, it may still meet the threshold for harassment.
Potentially, yes.
Employers have a duty to provide a safe workplace. If a nickname is humiliating, personal, or linked to a protected characteristic (such as gender, race, age, or disability), it may be harassment, even if no formal complaint has been made yet.
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Yes, depending on the seriousness and who said it.
Harassment does not need to be repeated if the behaviour is serious enough on its own. A single incident can justify a complaint if it has a significant impact on the employee’s wellbeing or ability to work. If the comment comes from the employer or a representative of the employer (e.g. a senior manager), then a one off incident is sufficient to be deemed harassment if it is unwelcome or offensive.
.
Yes.
The legal test focuses on the effect of the behaviour, not the intention behind it. If an employer knows the behaviour is occurring and it could potentially cause harm, then the obligation is to stop it. There does not have to be a complaint.
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If behaviour is unwelcome, demeaning, or harmful, it should stop. Brushing concerns aside as “banter” or “over‑sensitivity” exposes employers to personal grievance risk and damages workplace culture. Clear behavioural expectations, early intervention, and respectful leadership remain the best defence.
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