Many workers assume that if they have only just started a job — particularly if they are casual, on probation or still doing a trial period — they have very few rights.

Some think: “I’d only been there a short time, so there’s probably nothing I can do.”

A recent decision of the Federal Circuit and Family Court of Australia challenges that assumption in a significant way.

In the case, a worker who had completed only around 20 hours over five shifts during a two-week employment trial was awarded more than $125,000 in damages after the Court found she had been subjected to workplace sexual harassment by the business owner.

The decision is an important reminder that sexual harassment at work is unlawful, and that legal rights can exist even where employment was brief, casual or still in a trial phase.

What Counts as Workplace Sexual Harassment?

Many people are unsure what actually amounts to sexual harassment at work.

Importantly, it is not limited to physical touching or overt sexual propositions.

In Australia, workplace sexual harassment generally involves unwelcome conduct of a sexual nature where a reasonable person would expect the behaviour may offend, humiliate or intimidate.

Sometimes the conduct is obvious.

Sometimes it begins subtly — inappropriate comments, personal remarks, suggestive messages, repeated unwanted attention or behaviour that creates an uncomfortable or intimidating work environment.

Often, these situations involve a clear imbalance of power, particularly where the behaviour comes from an employer, business owner, supervisor or manager.

That imbalance can leave workers feeling trapped or uncertain about what to do, particularly where they are new to the workplace and worried about losing their position.

Can You Sue for Workplace Sexual Harassment If You Have Only Just Started a Job?

Yes.

And this is one of the most important features of the recent case.

The worker had only been engaged for approximately two weeks and had worked only a small number of shifts during what was effectively an employment trial.

Despite that, the Court found she still had legal protections.

Many workers wrongly assume that because they were casual, still on probation, only there for a short period, or effectively “on trial”, there is little point seeking advice.

That is not necessarily correct.

Legal protections in relation to workplace sexual harassment do not suddenly arise only after someone becomes a permanent employee or completes a probation period. Depending on the circumstances, workers can still have important legal rights even where employment was short-lived or informal.

What Happened in the Recent Case?

Without going into unnecessary detail, the Court found that during the worker’s short period of employment, the business owner engaged in repeated sexualised comments, inappropriate questions of a sexual nature and other unwelcome conduct toward her.

The conduct occurred during what was effectively a two-week employment trial, while the worker was still very new to the workplace and in a position where many people would naturally feel uncomfortable challenging inappropriate behaviour from the owner of the business.

Importantly, this was not a situation involving a long employment history. The worker had completed only around 20 hours over five shifts when the conduct occurred.

Despite that, the Court accepted that the behaviour had a significant impact upon her and ultimately awarded damages exceeding $125,000, including compensation for psychological injury and the effects of the conduct.

The case highlights an important principle:

The seriousness of workplace sexual harassment is not measured by how long someone worked there.

What If the Harassment Came From Your Boss or Employer?

Unfortunately, many workplace sexual harassment matters involve employers, business owners, supervisors or people in positions of authority.

That can make workers feel especially vulnerable.

Some people worry that because the conduct came from “the boss” there is nobody to complain to.

Others fear that speaking up will affect their employment, damage future job opportunities or simply result in them not being believed.

Those concerns are understandable, however the law recognises the seriousness of situations where a person in authority behaves inappropriately or uses their position improperly.

Depending on the circumstances, legal options may still exist — including claims for compensation.

Can You Get Compensation for Workplace Sexual Harassment?

Potentially, yes.

Depending on the circumstances, compensation may be available for matters such as psychological injury, distress, humiliation, loss of income or other consequences arising from workplace sexual harassment.

Every case is different and the outcome will depend on factors such as what occurred, the seriousness of the conduct, the impact on the worker, available evidence and the legal pathway pursued.

However, the recent case demonstrates that Courts can make substantial awards of damages in appropriate circumstances.

What Should You Do If You Have Experienced Sexual Harassment at Work?

Many workers do not immediately seek advice.

Some try to move on.

Others blame themselves, minimise what occurred or assume there is little they can do — particularly if they have left the workplace or only worked there briefly.

Obtaining advice early, however, can be important.

In many situations, it is helpful to keep copies of messages or communications, make notes about what occurred while events are fresh and identify any potential witnesses. Seeking medical or psychological support may also be important where the experience has had an ongoing impact.

Perhaps most importantly do not assume that because you only worked there briefly, you have no rights.

This recent case demonstrates that assumption can be wrong.

Have You Experienced Workplace Sexual Harassment?

Experiencing sexual harassment at work can be distressing, isolating and overwhelming.

At Websters Lawyers, we understand the sensitivity of these matters and regularly advise workers regarding workplace harassment, employer misconduct and compensation rights.

If you have experienced inappropriate conduct at work — whether by an employer, manager or colleague — obtaining early legal advice can help you understand your options.

We offer a confidential initial discussion to discuss your circumstances and explain what legal avenues may be available.

Call 8231 1363 to speak with one of our lawyers.

Wood v Kendall [2026] FedCFamC2G 889