Something that happened at work

What this usually means

This guide covers bullying, sexual harassment and discrimination at work. If you are in danger now, call 000. If you need someone to talk to, Lifeline is on 13 11 14.

Some of these things are also about your safety. They can affect your health. You do not have to put up with them, and you do not have to decide everything this week.

The law treats them differently:

• Bullying. A person or group repeatedly behaves unreasonably towards you, and it creates a risk to health and safety. Reasonable management action done in a reasonable way is not bullying.
• Sexual harassment. Unwelcome sexual conduct, such as advances, requests for sexual favours or other sexual behaviour that a reasonable person would expect to offend or humiliate.
• Discrimination. Being treated worse because of something like your sex, race, age, disability or pregnancy.

Each has its own pathways. The Fair Work Act 2009 covers most workers. Queensland's Anti-discrimination Act 1991 covers discrimination and sexual harassment too, and state and local government employees may use the Queensland Industrial Relations Commission for work matters. Workplace safety law also requires employers to manage risks to health, including psychological risks.

What you can do now

1. Write it down. Note the date, time, place, what was said or done, who saw it, and how it affected you. Do this soon, and keep adding to it. Store it somewhere your employer cannot reach.
2. Keep evidence. Save messages, emails, rosters and anything else. Do not take documents you are not allowed to take. Ask a legal service if unsure.
3. See your doctor. Your health matters. A record from a doctor can also help later.
4. Think about raising it at work. Many workplaces have a complaints process or a safety or HR contact. A union delegate can also help. You do not have to do this if it feels unsafe.
5. Choose where to take it. The options are the Fair Work Commission, the Queensland Human Rights Commission, workplace safety authorities, or WorkCover if your health has been hurt. A service can help you pick.
6. Get advice before lodging. Some options exclude each other, and the time limits vary.

If you are still at work, you may be worried that speaking up will make things worse. You are protected by law from being treated worse because you made a complaint. That does not always stop it from happening, which is why a dated record of what happens after your complaint matters too.

If you have already left your job, you may still have options. Some of them have deadlines that run from the last incident, so check the dates below and ask a service about your case.

Time limits

• Discrimination or sexual harassment complaint to the Queensland Human Rights Commission: 12 months from the incident. The Commissioner may accept a later complaint if there is good cause.
• Sexual harassment application to the Fair Work Commission: generally within 24 months of the conduct.
• Stop bullying application to the Fair Work Commission: there is no fixed deadline for most applications, but you generally need to still be working there, so do not wait.
• If you are sacked after making a complaint: 21 days to apply to the Fair Work Commission. See the guide on being sacked.
• If your health is injured: a WorkCover claim usually must be lodged within 6 months of a diagnosis. See the guide on being hurt at work.

If it goes further

The Queensland Human Rights Commission starts with conciliation. A neutral person helps both sides try to agree, and most matters can settle there. If not, the matter may be referred to a tribunal. Work matters go to the Queensland Industrial Relations Commission. Other matters go to QCAT.

The Fair Work Commission may also hold a conference or hearing about a bullying or harassment application. It can make orders to stop the behaviour. It cannot usually award compensation for bullying.

Questions to ask whoever helps you

• Which path suits what happened to me, and can I use more than one?
• What is my deadline for each option?
• Could making a complaint put my job at risk, and what protections do I have?
• Should I raise this at work first, or go straight to an outside service?
• Could my health be covered by a WorkCover claim?