The
Fair Work Commission recently heard a case in which three employees sought an
order to stop bullying at their workplace. Their employer, DP World Maritime
Limited, sought to strike out their application on the basis that the bullying
behaviour took place when the employees were not ‘at work’.
Numerous
employees had engaged in telephone calls and Facebook messages concerning their
colleagues’ union memberships and made derogatory comments to and about them.
These exchanges took place both during and outside of office hours in several
locations...
Monday, 2 March 2015
Workplace Policies Traps for Employers
An employer who did not follow
its own workplace policies has been successfully sued for breach of contract in
the Full Court of the Federal Court.
The
worker was a second officer on a supply ship and employed by Farstadt Shipping
(Indian Pacific) Pty Ltd.
Like
most employers, the company had a Workplace Harassment and Discrimination
Policy in place which set out the procedure for dealing with complaints. When
the worker made a complaint of sexual discrimination, the procedures were not
followed.
The
Court had to determine whether...
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