FWC Launches Tool to Simplify Workplace Harassment Reporting
The Fair Work Commission (FWC) has introduced an interactive tool to help employees identify the most appropriate pathway for reporting workplace sexual harassment. The tool aims to address the complexity of Australia’s fragmented system, which involves the FWC, Australian Human Rights Commission, safety regulators and state and territory anti-discrimination bodies. The tool may reduce misdirected or duplicated complaints and assist both employees and employers in navigating available processes. Employers are also encouraged to review their sexual harassment policies, provide managers with regular training and maintain clear reporting channels.
The tool reinforces employers’ positive duty under the Sex Discrimination Act 1984 (Cth) to take reasonable and proportionate measures to eliminate workplace sexual harassment.
Work-Related Mental Health Injuries Remain Widespread Among Australian Workers
The latest Work Shouldn’t Hurt survey found that 21% of workers experienced a work-related mental health injury or illness in the past 12 months, with more than two-thirds requiring time off work to recover. Mental health injuries were reported nearly twice as often as physical injuries. Other findings in the full report included:
- 35% of workers reported being regularly or always exposed to workplace stress
- 25% of workers aged under 34 reported sustaining a mental health injury
- Women reported more mental health injuries than men
- Aboriginal and Torres Strait Islander workers reported injury rates twice as high as non-Indigenous workers
- Aboriginal and Torres Strait Islander workers were more likely to experience workplace violence, conflict, discrimination, harassment and racism
The survey also found that workers were more likely to seek medical advice and make workers’ compensation claims for physical injuries than for mental health issues.
R U OK? Day Highlights Need for Ongoing Workplace Wellbeing Support
R U OK? Day has prompted renewed calls for employers to embed mental health and wellbeing support into everyday workplace practices rather than treating wellbeing as a once-a-year initiative. Research from R U OK? found that one in three Australians underestimate the impact of asking someone if they are okay, despite most people who have been asked reporting that the conversation made them feel supported and positive.
The research highlights the importance of regular check-ins, supportive leadership, appropriate work design and clear pathways to support. Separate research cited in the article found that 77% of employees experience symptoms of poor mental health, while 78% do not identify as having a mental health condition, suggesting that employees experiencing difficulties may not necessarily seek formal support.
There are also obligations under Work Health and Safety laws to proactively identify and manage psychosocial hazards, rather than waiting for psychological harm to occur. Employers are encouraged to use initiatives such as R U OK? Day as a prompt to establish ongoing practices that support employee wellbeing and address psychosocial risks.
Report Identifies Workplace Visibility Barriers for Women
The Women’s Workplace Visibility Report 2026 found that 55% of Australian women surveyed want a promotion within the next three years, but 43% identified a lack of clear career options and 37% identified workplace visibility as barriers to progression. Only 12% attributed barriers to a lack of skills or experience.
For culturally and linguistically diverse women, 60% discuss career ambitions with friends, compared with 26% with their immediate manager and 19% with colleagues. Almost one-third also reported that their employer had reduced initiatives supporting women in the past year.
The report recommends greater access to mentoring and sponsorship, open discussions about career progression and workplace structures that ensure women are visible and supported for advancement.
University Loses Appeal Over Professor’s Sexual Harassment Dismissal
The Fair Work Commission Full Bench has dismissed an Australian University’s appeal against the reinstatement of a professor found to have sexually harassed a woman who reported to him. The conduct began at a 2019 dinner, where the professor made unwanted romantic advances towards a senior colleague who reported to him, including holding her hand, declaring his love and later sending an intimate text. Despite her preference for a professional relationship, the unwanted contact continued. While the HR manager knew about the circumstances at the time, the university did not take formal action until 2023, after the professor sought a role that would place him in contact with the complainant again.
The Full Bench confirmed that substantiated sexual harassment can constitute a valid reason for dismissal and an employer does not need to establish the harasser’s intention. The relevant question is whether a reasonable person would have anticipated that the conduct might offend, humiliate or intimidate.
The Commission found the conduct amounted to serious misconduct and sexual harassment but held the dismissal was unfair due to the significant delay and an earlier informal HR intervention, after which the professor apologised and ceased contact. The Full Bench found that these circumstances could be considered when assessing whether dismissal was harsh, unjust or unreasonable.
The decision highlights the importance of promptly addressing known harassment, carefully documenting informal interventions and avoiding conduct that may indicate the matter has been resolved. Reinstatement was based on the circumstances and did not amount to a finding that the professor had been vindicated.
Federal Court Allows Sex Discrimination Class Action Against ADF to Proceed
The Federal Court has allowed a sex discrimination class action against the Commonwealth concerning alleged sexual harassment, sex-based harassment, discrimination and victimisation within the Australian Defence Force (ADF) to proceed. Four former female ADF members brought the action on behalf of women who served between 13 November 2003 and 25 May 2025.
The Commonwealth challenged the proceeding on three grounds, including the inclusion of current ADF members, whether the claims were sufficiently connected to form a class action, and whether parts of the claims fell outside the original Australian Human Rights Commission complaint. The Court rejected all three arguments and found sufficient common issues concerning the Commonwealth’s policies, practices and alleged failure to prevent unlawful conduct.
The Court’s decision is procedural and does not determine whether the discrimination allegations are made out. The class action will now proceed to the next stage.
Medical Certificate Investigation Does Not Amount to Constructive Dismissal
The Fair Work Commission has dismissed an unfair dismissal claim by a worker who resigned after his employer investigated a medical certificate it suspected was falsified. The worker had submitted a certificate naming himself and his wife, which did not clearly identify the treating doctor. The employer contacted the hospital and, after being unable to verify the certificate, commenced a misconduct investigation.
The worker later explained that the leave was actually to care for his four-year-old daughter following surgery. The employer accepted his explanation, determined there was insufficient evidence to support the misconduct allegation and closed the investigation without further action. The worker subsequently resigned and argued that he had been forced to do so, amounting to constructive dismissal.
The FWC found that the worker had not been forced to resign. The investigation was a genuine attempt to clarify concerns about the certificate, and the employer acted promptly to close the matter once the worker provided an explanation. The Commission also noted that the employer had invited the worker to return to work, which was inconsistent with an intention to end his employment. The unfair dismissal application was therefore dismissed.
The decision highlights the importance of conducting misconduct investigations fairly, providing employees with a genuine opportunity to respond, and clearly communicating when allegations have been resolved and the employer expects the employee to return to work.
Court Rejects Reinstatement During Discrimination Complaint
The Federal Court has rejected an electrical apprentice’s application for urgent reinstatement while his disability discrimination complaint against his former employer remains ongoing. The worker was dismissed following a formal investigation into eight allegations of inappropriate conduct. The allegations were substantiated and the worker was given an opportunity to respond before the dismissal was reviewed by a disciplinary panel.
The worker subsequently lodged a complaint with the Australian Human Rights Commission alleging that his suspension and dismissal were connected to disability discrimination, namely ADHD. He then sought an injunction requiring his former employer to reinstate him while the complaint was being considered.
The Court declined to grant the injunction, noting that reinstatement would not assist the conciliation process or restore his previous employment position because the complaint was made after his employment had already ended. The Court also considered factors including that he was dismissed partly because of a breach of trust and confidence, and this weighs against reinstatement along with the worker’s delay in seeking the order and his subsequent casual employment elsewhere.
Visa Conditions Create Barriers to Reporting Workplace Discrimination
The Australian Medical Association has raised concerns that visa conditions can make it difficult for internationally trained doctors to report workplace discrimination. The AMA told a parliamentary inquiry that some doctors may feel unable to challenge racism or unsafe workplace conditions because their visa status is tied to their employment.
The AMA has recommended greater flexibility in visa arrangements to allow internationally trained doctors experiencing unsafe or discriminatory workplaces to report concerns and change employers without jeopardising their visa status. The issue highlights the importance of ensuring migrant workers can safely report discrimination without fear of adverse consequences to their employment or immigration status.
Australia and Samoa Partner for Safer and More Inclusive Workplaces
Australian and Samoan Governments have partnered through the Pacific Australia Skills regional program to strengthen safeguarding and inclusion practices across Samoan workplaces and training institutions. A two-day workshop brought together representatives from government, industry, training institutions, NGOs and community groups to improve understanding of workplace abuse and discrimination, disability inclusion, child protection and reporting responsibilities.
The workshops focused on developing trusted reporting mechanisms, strengthening organisational policies and creating safe, respectful and inclusive environments where people, including persons with disabilities, can participate without fear of harm or exploitation.
The initiative emphasised the importance of organisational policies, reporting mechanisms and workplace practices that support inclusion and prevent discrimination, abuse and other safeguarding risks.
