An employee has been unsuccessful in obtaining a stop bullying order against her General Manager.
However coming to that conclusion was difficult according to the FWC.
In the employee’s favour, the FWC conceded that much of the behaviour experienced would have caused her stress and distress.
Fortunately for the employer though, most of it came within the ‘reasonable management action’ defence to workplace bullying.
This case is a must-read for managers and supervisors!
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’.
As more and more workplace bullying claims flow in, employers are learning bitter sweet lessons about how the jurisdiction operates in practice.
Here, an employer has successfully avoided having its actions being exposed to the glare of the FWC’s anti-bullying jurisdiction.
This case reinforces the FWC’s jurisdictional requirements for bringing a workplace bullying claim and what employers need to know.
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.
You would think that all employers by now would have realised that there are no excuses for failing to investigate workplace bullying and harassment.
This government agency found that out the hard way after failing to protect an employee from ongoing bullying and harassment – despite her complaints.
Her resulting stress, depression and anxiety left the employer liable for compensation.
Why did it go so far and what can you do to prevent the same from occurring?