Shrub, forget the elbow thing. That is one guy’s joking hyperbole.
Here is the official site for Australia. You need to look at the rules for your state or territory too. Here is a summary:
“What is unlawful harassment?
Under federal and state legislation unlawful harassment occurs when someone is made to feel intimidated, insulted or humiliated because of their race, colour, national or ethnic origin; sex; disability; sexual preference; or some other characteristic specified under anti-discrimination or human rights legislation . It can also happen if someone is working in a ‘hostile’ – or intimidating – environment.
Harassment can include behaviour such as:
* telling insulting jokes about particular racial groups
* sending explicit or sexually suggestive emails
* displaying offensive or pornographic posters or screen savers
* making derogatory comments or taunts about someone’s race or religion
* asking intrusive questions about someone’s personal life, including their sex life.
For more specific information about what may constitute unlawful discrimination or harassment see the fact sheets on discrimination and harassment based on age, disability, race and sex.
The nature of harassment/discrimination
Harassing behaviour can range from serious to a less serious nature, however one-off incidents can still constitute harassment. Also, where continued, such behaviour can undermine the standard of conduct within a work area, which may erode the well being of the individual or group being targeted and lead to lower overall staff performance.
The absence of complaints is not necessarily an indication that no harassment or discrimination is occurring. The person subjected to harassing or discriminating behaviour does not always complain. This is not necessarily because the act is deemed as trivial, but because the person may lack the confidence to speak up on their own behalf or feel too intimidated or embarrassed to complain.
Hostile working environment
Employers also need to be aware of their responsibilities to ensure that the working environment or workplace culture is not sexually or racially ‘hostile’. Examples of a potentially hostile working environment are where pornographic materials are displayed and where crude conversations, innuendo or offensive jokes are part of the accepted culture. A person has the right to complain about the effects of a sexually or racially hostile working environment, even if the conduct in question was not specifically targeted at them.”
You should, as your manager and a couple of Flutherers suggested, approach the guy directly first. Don’t be angry or loud or crude yourself. Say firmly, “When you say X, it is not appropriate in the workplace. Do not say X again to me; I won’t tolerate it.” Be as specific as possible. Do not make threats to the man. If it is behavior, substitute do for say.
Then, as a few have suggested, make a note of the date and what was said or done. Avoid hyperbole or drama. While you still have it fresh in your mind, make a note of what the other employee overheard and the date of that incident. Ask the one who overheard it to sign it.
Ask the current manager if he will make a note of your report of this man’s behavior and that on his advice you are speaking to the guy directly to ask him to desist, and to leave the note for the new manager.
Then just see what happens after you talk to the man and the new manager arrives. You would really not want that to be your first conversation with a new manager. Let him see and appreciate your work first. With luck, management will address it if it continues.
Let us hear what happens.