Log in or become a subscriber

A Fair Work Commission member took the wrong approach when dismissing a s-xual harassment dispute application on the basis it wasn't validly made, a full bench has found in upholding an employee's appeal.

Even where some alleged incidents occurred before the Respect@Work provisions took effect, "interrogation of the basis or merit" of the employee's claim wasn't required as a precondition to dealing with the matter, the bench said.

The case involved an employee who alleged her manager sexually harassed her during her employment between 2020 and 2024.

She lodged an application for the Commission to deal with a sexual harassment dispute under section 527F of the Fair Work Act, and also sought a certificate under section 527R(3)(a) so the matter could be heard alongside her general protections claim before the Federal Court...