Stop Bullying or Sexual Harassment
Workplace bullying occurs when an individual, or group of individuals, repeatedly behaves unreasonably towards a worker or group of workers of which that worker is a member, at work, and the bullying behaviour creates a risk to the safety or health of the worker. It does not apply to reasonable management action carried out reasonably.
Sexual harassment at work occurs when an individual, or group of individuals, makes an unwelcome advance, a request for sexual favours, or engages in other unwelcome conduct of a sexual nature in relation to a worker. It occurs in circumstances where a reasonable person would anticipate the possibility of the worker being offended, humiliated or intimidated.
A stop bullying or sexual harassment application is an application made by a worker because the worker reasonably believes that they have been bullied or sexually harassed at work by an individual or group of individuals
The Commission can deal with a stop bullying or sexual harassment application from a public sector worker as well as a private sector worker, where their employer is unincorporated – where the employer is a partnership, sole trader, or corporation that does not substantially engage in trading or financial activities (known as State system employees). This includes some local governments and not-for-profit organisations.
The Commission cannot deal with a stop bullying or sexual harassment application from a private sector worker where their employer is a trading, financial or foreign corporation (a 'constitutional corporation'), or their employer is the Commonwealth government (known as a national system employee).
- You can submit a stop bullying or sexual harassment application by filing a Form 14 –Application for an Order to Stop Bullying or Sexual Harassment (or Both)
- There is no time limit for making a stop bullying or sexual harassment application.
- If your application is successful, the Commission may make orders that it considers appropriate. The Commission cannot make an order for compensation.
- You can make a stop bullying or sexual harassment application even if you have made a complaint to WorkSafe.