Before January the 1st 2014, Australia had no workplace bullying law in place other than some limited criminal provisions in Victoria. New Australian workplace bullying laws that came into play 1st of January 2014 now give employees the ability to apply directly to the Fair Work Commission for an order to stop workplace bullying. The commission is required to deal with an application within 14 days.
This allows very little time for employers to internally investigate workplace bullying claims if an employee applies directly to the Fair Work commission before raising the issue with their employer.
Employers will need to make sure that their workplace bullying policy is up to date and being followed by employees. If it is not followed, this can lead to a breach of contract by both the employee and the employer in some cases.
If a policy is in place but the employer fails to train, review, update and communicate the consequences of a policy breach and/or fails to communicate the policy, the courts could well lean to the side of the employee, supporting the reinstatement of a dismissed employee.
What these changes simply mean?
A failure to consistently engage with employees regarding policies, monitor compliance or enforce a policy may weigh against a finding that dismissal for breach of the policy was not harsh, unjust or unreasonable. This process will bring an employer’s business into light, opening it up for further scrutiny.
Further workplace bullying information
WorkSafe ACT
- 02 6207 3000
- WorkSafe ACT
Workcover Authority of NSW 13 10 50
WorkSafe Northern Territory
- 1800 019 115
- WorkSafe NT
SafeWork South Australia
- 1300 365 255
- SafeWork SA
WorkSafe Victoria
WorkSafe Queensland
- Young workers advisory service 1800 232 000
- Workplace Bullying hotline 1800 177 717
WorkSafe Western Australia
- 1300 655266
- WorkSafe WA
03 9639 3955
Apprenticeship Employment Network