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 both in and outside of
the workplace.
The Commission had to consider the definition
of the expression ‘while the worker is at work’ and what it encompassed. The
Commission concluded that the concept of being ‘at work’ includes instances in
which the employee is performing work and also when they are engaged in any
other activity permitted by their employer, such as taking a meal break. The
meaning is not confined to the workplace and includes any location or time of
day when they are performing work.
In this case, the Full Bench held that the
behaviour took place while the employees were ‘at work’ leaving their employer
at risk of liability for their actions.
If allegations of bullying have been made in
your business, contact Nevett Ford Melbourne on (03) 9614 7111 and ask to speak
to one of our workplace relations team about protecting yourself from legal
action.
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