Workplace harassment information tool
This is an information tool that contains elements of Workplace Health and Safety Queensland's preliminary screening process for workplace harassment complaints. The purpose of this tool is to provide general information to users on the various options open to them to resolve allegations of workplace harassment in their workplace. Workplace Health and Safety Queensland's services do not amount to providing legal advice. A legal practitioner should be consulted for legal advice.
The role of Workplace Health and Safety Queensland in workplace harassment complaints
Workplace Health and Safety Queensland responds to workplace harassment complaints only in certain situations that fall within the scope of the Workplace Health and Safety Act 1995 (PDF, 766 kB):
- The complaint must (on face value) fall within the definition of workplace harassment (see below).
- The complaint must be in writing.
- The complainant must contact Workplace Health and Safety Infoline 1300 369 915 for an information package, which will include the address to send the complaint and a checklist which must be attached to the written complaint.
- The complaint should have been raised at the workplace and an attempt made to resolve the complaint internally. Information regarding the outcome of this step should be included in the written complaint.
Contact the Workplace Health and Safety Infoline 1300 369 915 for further information on the workplace harassment complaints process or to lodge a complaint with Workplace Health and Safety Queensland.
What is workplace harassment?
- A person is subjected to workplace harassment if the person is subjected to repeated behaviour, other than behaviour amounting to sexual harassment, by a person, including the person's employer, a co-worker or group of co-workers of the person that:
- is unwelcome and unsolicited
- the person considers to be offensive, intimidating, humiliating or threatening
- a reasonable person would consider to be offensive, humiliating, intimidating, or threatening.
- Workplace harassment does not include reasonable management action taken in a reasonable way by the person's employer in connection with the person's employment.
- In this section - for a definition of 'sexual harassment' refer to the Anti-Discrimination Act 1991 (PDF, 785 kB), section 119.
Discrimination and sexual harassment
Workplace harassment does not include acts of unlawful discrimination [1], vilification [2] or sexual harassment [3]. These complaints should be addressed to the Anti-Discrimination Commission Queensland.
Copyright
Adapted from an original design by Circada; Copyright owned by the State of Queensland.
[1] Discrimination on the basis of the following attributes—
(b) relationship status
(c) pregnancy
(d) parental status
(e) breastfeeding
(f) age
(g) race
(h) impairment
(i) religious belief or religious activity
(j) political belief or activity
(k) trade union activity
(l) lawful sexual activity
(m) gender identity
(n) sexuality
(o) family responsibilities
(p) association with, or relation to, a person identified on the basis of any of the above attributes.
[2] Vilification refers to a public act which incites hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality or gender identity of the person or members of the group. [3] Sexual harassment is any form of unwelcome attention of a sexual nature that is humiliating, intimidating or offensive.
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