With the introduction of the new bullying legislation this year the Fair Work Commission was given the power to make "Stop Bullying Orders". The orders are designed to protect employees who have experienced and continue to experience bullying in the workplace.
Until recently there has been little information on what type of orders the Fair Work Commission (FWC) could and would make against the individual employee or group of employees subject to the order. However, just over a week ago the FWC handed down its first decision in which it has made orders designed to stop further bullying of the Applicant. The employee subject to the order has been directed to:
- have no contact with the co-worker alone;
- make no comment about the co-worker's clothes or appearance;
- refrain from sending any emails or texts to the co-worker except in emergency circumstances;
- "complete any exercise" at the employer's premises before 8am
- raise no work-related issues without first notifying the employer's chief operating officer or his subordinate.
These directions effectively take the form of restraining orders. Managing such orders within the daily flux of an office will be challenging; particularly when managers want to take leave and will not be there to police it.
This highlights the need for prevention through proper training of staff in this area to avoid the potential involvement of the FWC in your workplace.
For further information please contact:
Warwick Ryan, Partner
Phone: +61 2 9233 5544
Email: wpr@swaab.com.au
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.