From 11 November 2021, an eligible worker who believes they’ve been sexually harassed at work can apply to the Fair Work Commission for an order to stop the sexual harassment.
What Is Sexual Harassment?
Sexual harassment is unwelcome conduct of a sexual nature in relation to a person. It occurs in circumstances where a reasonable person would anticipate the possibility of the person who is harassed being offended, humiliated or intimidated. Conduct of a sexual nature includes making a statement of a sexual nature to, or in front of, a person. The statement can be spoken or in writing
Workplace sexual harassment is when sexual harassment happens at work, in a constitutionally-covered business. It can be a one-off incident, or it can happen more than once, involving conduct by one or more people.
Sexual harassment can include conduct such as:
- inappropriate staring, leering or loitering
- unwelcome touching
- suggestive comments or jokes, insults or taunts based on sex, or sexual gestures
- using suggestive or sexualised nicknames for a person
- persistent unwanted invitations to go out on dates
- intrusive questions or comments about a person’s private life or body
- unnecessary familiarity, such as deliberately brushing up against a person
- displaying material of a sexual nature in the workplace
- communicating sexually explicit material in person or through phone calls, online interaction, email, social media or text messages.
Serious Misconduct and Dismissal
The amendments confirm that sexual harassment at work is a form of serious misconduct and can be a valid reason for dismissal under the Fair Work Act.
For more information: Apply To Stop Sexual Harassment at Work