We previously reported that the FWC received 44 reports of bullying in the first month of its jurisdiction over workplace bullying. The FWC has since handed down its first workplace bullying decision: in BD (2014) FWC 1019, the complainant applied to the FWC for a "stop bullying" order. The FWC complaint was dismissed by the Commission because the application form was incomplete and the complainant failed to supply the minimum necessary details even after being prompted by the FWC.
Readers should probably not read too much into BD as it is a technical and uncontested decision. However, by publishing this as its first finding only six weeks after it gained jurisdiction over workplace bullying, the FWC may be sending two messages which should reassure employers. The first is that the FWC intends to respond quickly to its workplace bullying workload. Secondly, while the FWC intends to provide employees with an avenue for redress in the case of workplace bullying, that does not extend to taking action on defective or incomplete applications. We will continue to monitor developments in this new jurisdiction as they arise.
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