Since 1 January 2014 workers who believe they have been bullied may apply to the Fair Work Commission for an order to stop the bullying. A worker includes an employee, a contractor or sub-contractor an outworker, an apprentice or trainee, a student gaining work experience or a volunteer.
The definition of bullying is wide
and includes either an individual or a group of individuals who have been
subjected to repeated, unreasonable behaviour that creates a risk to health and
safety.
The bullying needs to have occurred
more than once but includes victimising, intimidating, humiliating or
threatening.
Bullying excludes reasonable
management action carried out in a reasonable manner. The bullying has to occur at work but it is
arguable that provided there is a connection with work bullying via social
media including Facebook and LinkedIn and bullying at work related functions
would be included.
Employers not included in the new
bullying jurisdiction of the Commission include partnerships, sole traders,
State Government Departments and unincorporated associations.
The Commission can make orders to
stop the bullying, which can be directed at both the employer or the
individuals involved.
The range of orders that could be
made include:
·
Monitoring of behaviours by an employer;
·
Compliance with an employer’s anti-bullying
policy;
·
The provision of information and additional
support;
·
A review of the employer’s workplace bullying
policy.
The Commission cannot order
compensation but if its orders are not complied with it can order substantial
penalties of up to $51,000.00 for a body corporate and up to $10,200.00 for an
individual.
Employers should ensure that they:
·
Understand the scope of the Commission’s new
bullying powers;
·
Understand the definition of bullying;
·
Understand the difference between bullying and
reasonable management action;
·
Have a clear policy stating that bullying is
unacceptable, and conduct training which promotes this policy.
·
Conduct regular health checks to manage the risk
of bullying.
In the first month of operation of
the anti-bullying laws the Commission received 44 applications to stop bullying
and commenced to deal with them well within the 14 day limit that the laws set.
The Commission will publish a
report on the stop bullying applications it receives on its website in early
April. At that time we will have a
better idea of how bullied people subject to the anti-bullying laws are making
use of their rights.
