Section 1: Introduction
Addressing historical complaints
Recommendation 27: A disclosure process be established that enables victims of
historical workplace sexual harassment matters to have their experience heard and
documented with a view to promoting recovery. The Australian Government should
fund the Commission to facilitate this process.
Fair Work Act/Fair Work Commission
Prohibition against sexual harassment
Recommendation 28: The Fair Work system be reviewed to ensure and clarify that
sexual harassment, using the definition in the Sex Discrimination Act, is expressly
prohibited.
Stop sexual harassment order
Recommendation 29: Introduce a ‘stop sexual harassment order’ equivalent to the ‘stop
bullying order’ into the Fair Work Act. This should be designed to facilitate the order’s
restorative aim.
Unfair dismissal and serious misconduct
Recommendation 30: Amend Section 387 of the Fair Work Act to clarify that sexual
harassment can be conduct amounting to a valid reason for dismissal in determining
whether a dismissal was harsh, unjust or unreasonable.
Recommendation 31: Amend the definition of ‘serious misconduct’ in the Fair Work
Regulations to include sexual harassment.
Recommendation 32: Additional guidance material for all employers relating to unfair
dismissal, which includes dismissal relating to sexual harassment, be developed by the
Fair Work Commission in consultation with the Workplace Sexual Harassment Council.
Fair Work Information Statement
Recommendation 33: The Fair Work Ombudsman update its employee information
and guidance relating to workplace rights under the Fair Work Act to include sexual
harassment, such as amending the Fair Work Information Statement.
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