Two recent cases have provided a reminder of the broad scope of
the anti-bullying jurisdiction of the Fair Work Commission (FWC),
as it applies to directors. Some commentary on this decision has
suggested that could "paralyse" boardrooms and chill the
"robust" discussions that sometimes occur between
directors but is this really the case?
In the case of Kypuros (1 June 2017) the FWC made
consent interim orders in a case where an employee, Ari Kypuros,
complained about bullying by one of the directors, Costa Kypuros,
of Mag Wheel & Tyre Pty Ltd. Among other things, the orders
required Costa and his fellow director, Theo Kypuros, as well as
Ari to:
- refrain from making abusive or offensive statements about each
other, and from disparaging each other and other workers;
