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Older allegations struck from WSH dispute against HR services provider

In the first decision dealing with its time-based power to dismiss s-xual harassment disputes, the Fair Work Commission has ruled only some parts of an employee's application can proceed.

Sexual harassment that allegedly occurred more than two years before the application was filed shouldn't be part of the claim, but further alleged contraventions might fall within the 24-month window and therefore couldn't be dismissed, Commissioner Sarah McKinnon said.

The case involved a former Peninsula Australia sales coach, who applied to the Commission to deal with a dispute about sexual harassment in March this year, under section 527F of the Fair Work Act.

She named Peninsula – the parent company of Employsure – and three individuals she previously worked with as respondents...

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