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ARTICLE · 09 AUGUST 2017

Boardroom bullying decision

Colin Biggers & Paisley
Explore more from Colin Biggers & Paisley

A recent decision by the Fair Work Commission held that directors can seek protection under federal anti-bullying laws.

AustraliaCorporate/Commercial Law
Megan Kavanagh
Megan Kavanagh
Emily McRae
Emily McRae

IN BRIEF: A RECENT DECISION MADE BY THE FAIR WORK COMMISSION (COMMISSION) HAS HELD THAT DIRECTORS CAN SEEK PROTECTION UNDER FEDERAL ANTI-BULLYING LAWS.

This decision may require boardrooms across Australia to revisit the way they conduct business.

CASE OUTLINING THE STOP BULLYING ORDER

Mr Adamson made an application for a stop bullying order under section 789FC of the Fair Work Act 2009 (FW Act) alleging he had been subjected to bullying behaviours while acting as a chairperson of Anangu Pitjantjatjara Yankunytjatjara Inc (APY). The applicant claimed that APY's general manager and deputy chairperson bulled him by not allowing him to engage in executive board meetings, preventing him from accessing meeting minutes and by his refusal to deal with Mr Adamson.

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