See Fair Work Act s.789FC
A worker who reasonably believes that he or she has been bullied at work, sexually harassed at work or both may apply to the Fair Work Commission (the Commission) for an order to stop the bullying or sexual harassment (or both).
A person must apply to the Commission for an order to stop bullying or sexual harassment (or both) using a completed and signed application form [Form F72].
There is no timeframe for a worker lodging an application for an order to stop bullying or sexual harassment (or both). However, if the worker no longer has a connection to the workplace, an application for these orders cannot succeed because there is no future risk of the relevant behaviour.
Making an application to the Commission for an order to stop workplace bullying or sexual harassment (or both) is a workplace right protected under the general protections provisions of the Fair Work Act. Further information about the general protections provisions is available in the General protections benchbook.
If a person has been dismissed they may be eligible to make an unfair dismissal application or a general protections application to the Commission. They may also be eligible to make a claim in other Federal or State jurisdictions.