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Despite making no findings, the Fair Work Commission has said an employer should investigate the incident at the centre of an employee's application for stop-sexual-harassment orders.
The former Rio Tinto employee last worked for the company as a contractor in 2021. Early this year, he undertook a short period of training with a Rio contractor, until his site access was withdrawn and he was told he was unable to be employed.
Then in March, he applied for orders to stop sexual harassment at work under section 789FC of the Fair Work Act, relating to his earlier period of employment.
Commissioner Sarah McKinnon said based on the materials submitted, the worker "does appear to have been exposed to conduct of a sexual nature while at work for Rio Tinto that could readily be described as sexual harassment"...
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