On March 6, 2023, legislative changes relating to sexual harassment came into effect. Where an employee believes they have been sexually harassed, they can now apply to the Fair Work Commission (Commission) to deal with the dispute. There is no requirement for the employee to raise the matter with there employer first. Accordingly, the first an employer may know about the matter is when they are contacted by the Commission about the matter.

On March 6, 2023, legislative changes relating to sexual harassment came into effect. Where an employee believes they have been sexually harassed, they can now apply to the Fair Work Commission (Commission) to deal with the dispute.  There is no requirement for the employee to raise the matter with there employer first. Accordingly, the first an employer may know about the matter is when they are contacted by the Commission about the matter.

 

The legislation is not retrospective, and the Commission’s new powers are limited to conduct that occurs from March 6, 2023, going forward. The additional power to deal with a sexual harassment dispute supplements the Commissions existing ability to make orders to stop sexual harassment, which has been available since November 2021. 

 

My suggestion is to have a comprehensive Sexual Harassment Policy, that employees are made aware of.  If the complaint or allegations are able to be kept “in house”, it may result in a better outcome for all parties.

 

If you need assistance with the above or any HR or IR matters, please contact me at john@lambwrc.com.au