The Commission’s process to resolve sexual harassment at work

Before you apply, consider what you can do if you’re sexually harassed at work.

Eligible workers can apply to the Commission if their situation meets the definition of sexual harassment at work.

• Find out what is sexual harassment at work and who can apply
• Find out if you are eligible to apply to the Commission

You don’t need a lawyer to come to the Commission, but you should think about getting legal advice before you apply.

Workers who want to apply to stop sexual harassment might be eligible for free legal advice through our Workplace Advice Service.

An eligible worker can apply for an order to stop sexual harassment at work.

Once we receive the application, we will contact the applicant to explain the process and next steps. This will usually happen within 2 weeks.

The Commission will send (serve) a copy of the application, and any documents that were sent with the application, to the employer (or principal) and the people who are named as engaging in sexual harassment at work.

• If you are eligible,  Apply for an order to stop sexual harassment at work

We will contact the employer, principal and person named as having engaged in sexual harassment at work within 2 weeks of receiving the application.

We will ask them to respond to the application within 7 days. We will also ask them to send the applicant a copy of their response.

Employers must respond to the application. A person named as having engaged in sexual harassment can choose whether to respond or not.

• Respond to the application

You don’t need a lawyer to come to the Commission, but you should think about getting legal advice if you are involved in a case.

Small business employers and people who have been named in an application as having engaged in sexual harassment might be eligible for free legal advice through our Workplace Advice Service.

We will assess the application and any responses or objections to decide next steps. Not all cases follow the same process. We will tell you what process we will follow in your case.

Some cases start with conciliation. When conciliation is successful, both sides reach agreement and the case ends.

• Learn about Conciliation about sexual harassment at work

Some cases go straight to a Commission Member, or are sent to a Member because they were not resolved through conciliation. The Member will decide the best process for dealing with the case. This could include conciliation, a conference or formal hearing. We will tell you what process we will follow in your case.

We try to resolve most cases within 16 weeks of receiving the application.

• Learn about Conferences and hearings about sexual harassment at work

If the case does not settle, you may need to attend a conference or hearing with a Commission Member.

Prepare by reading and printing out all the documents in the case. Make sure you bring them with you to the conference or hearing. if you are going to a hearing, ask your witnesses to attend the hearing too.

• Learn about Representing yourself at a determinative conference or hearing (YouTube video)

After the hearing, the Commission Member will make a decision about the outcome and send it to you. This resolves the case.

We try to resolve most cases within 16 weeks of receiving the application.

If any of the parties think there is an error in the decision or order, they can apply to appeal that decision or order. You can only appeal with the permission of the Commission.

• Find out more about applying to appeal a decision or order

If one of the parties thinks there is an error in the decision or order, they can apply to appeal that decision or order. You can only appeal with the permission of the Commission.

• Find out more about applying to appeal a decision or order