Jo Tarnawsky says she has lodged a case in the Federal Court against Mr Marles, the federal government and Tim Gartrell, the prime minister's chief of staff, following a stalemate in resolving a workplace claim.
Ms Tarnawsky said the case was lodged in the court after she waited for more than 200 days for a resolution to the matter.
Neither Mr Marles nor Mr Gartrell were alleged to be involved in the bullying.
Ms Tarnawsky said the federal government's delay in resolving the issue was untenable and she had been "exiled" for speaking up.
Deputy Prime Minister Richard is not alleged to be involved in the bullying. (Mick Tsikas/AAP PHOTOS)
"After the window dressing of parliamentary workplace reforms has been put in place, the government is now testing in real time exactly what it can still get away with," she told reporters in Canberra on Monday.
"But if the government won't hold its own poor behaviour to account, then I will ask the courts to do that.
"It should not be unreasonable for any of us to expect to depart our roles with dignity; to walk away better from our time working in this building, rather than carrying lifelong trauma from the poor treatment we have endured here."
A federal government spokesman said it would not be appropriate to comment on the case being lodged due to it being subject to legal proceedings.
At the time the claims were first made public in October, Mr Marles said he was satisfied the ministerial code of conduct had not been breached and he was grateful for the service of his chief of staff.
"She is a person who is completely committed to social justice in this country and I very much admire her ... I feel very sad that events have got to where they have. It is obviously very difficult," he told parliament at the time.
"The way in which I have tried to manage this, I have done so with Jo's welfare in mind at every moment, as I would try to manage things on that basis for all of my staff."
Lawyers for Ms Tarnawsky claimed the government had carried out an adverse action under the Fair Work Act for having pushed the chief of staff out of the position after raising the bullying concerns.
Ms Tarnawsky said the legal action was lodged after the government delayed addressing the situation.
"The government has been afforded multiple opportunities to rectify the wrongs done to me. But it has done nothing except duck and cover, collude and delay," she said.
"Two hundred days is too many. I am not waiting any longer. This matter will now be fully aired in court."
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