A person who is no longer at work where the alleged bullying and/or sexual harassment occurred may be able to make another type of application to the Commission or bring a claim in other federal or state jurisdictions:
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.
See – Risk of continued sexual harassment for further information.
Other Commission Benchbooks
- You can access the Unfair Dismissals Benchbook through the following link: Unfair Dismissals Benchbook
- You can access the General Protections Benchbook through the following link: General Protections Benchbook
Workplace Advice Service
The Workplace Advice Service is a free legal assistance program facilitated by the Commission for eligible employees and employers who have a concern or enquiry regarding dismissal, general protections or workplace bullying or sexual harassment.
The Commission’s role is to connect eligible persons with lawyers who may be able to help them. These lawyers work at law firms and other legal organisations that are completely independent of the Commission. The eligibility quiz on the Commission’s website helps employers and employees to find out if they are eligible for the service.
Other legal help
You can find a community legal centre in your area by searching the Community Legal Centres website. The ‘Where to get legal help’ page of Commission’s website includes contact details for some of the main community legal centres in each state and territory who may be able to assist with free legal advice or other advisory services.
The law institutes or law societies in each state or territory may be able to refer a party to a private solicitor who specialises in workplace law.
Unions and employer organisations may also be able to provide advice and assistance.