An employer has successfully defended a claim of workplace bullying by relying on the reasonable management action defence.
With more workplace bullying decisions coming through from the Fair Work Commission, employers are receiving much needed practical guidance about the operation of the new bullying laws and when their management actions will be considered reasonable.
Despite a national agenda to eradicate workplace bullying through the Fair Work Act’s new bullying laws, many state government employees remain at the mercy of complicated and sometimes ineffective state based practices.
A recent parliamentary report has highlighted the pitfalls of this divided system and calls for more legislation to help bridge the gap.
The report seemed to confirm that when it comes to a culture of workplace bullying a ‘fish’ really does ‘stink from the head down’.
In an apparent win for employers, the FWC has dismissed an employee’s stop workplace bullying order application after he was sacked before his application could be heard.
Although the FWC’s decision turned on a technicality, the devil for employers is in the detail so it is not as comforting as it may seem at first glance.
