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FWC clarifies restrictions on s-xual harassment disputes
The Fair Work Commission has dismissed an employee's s-xual harassment dispute, confirming it couldn't deal with the matter because at the time of her application her claims in other tribunals hadn't yet failed or been withdrawn.
The TAFE Queensland employee filed her FWC application on 6 September 2025, disclosing at the time that she'd also made complaints to the Australian Human Rights Commission (AHRC) and Queensland Human Rights Commission (QHRC).
Section 734B(1) of the Fair Work Act prohibits employees from filing sexual harassment disputes under section 527F in cases where they have complained about the same conduct under an anti-discrimination law or the Australian Human Rights Commission Act, and that complaint hasn't been withdrawn or failed for want of jurisdiction.
In this case, the QHRC informed the employee in October that it was unable to deal with her complaint on jurisdictional grounds. In February this year, she withdrew her AHRC complaint...
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