Employers should take notice that they may face prosecution
under state Health and Safety laws as well as under Fair Work's
anti-bullying jurisdiction for encouraging or participating in
bullying in the workplace and thereby breaching their duty to
provide a safe workplace for employees.
A Victorian employer was recently convicted and fined $12,500
for contravening state Workplace Heath and Safety laws by
encouraging bullying of a young apprentice. The prosecution is
unusual in this circumstance as these type of matters would usually
be dealt with under Fair Work's jurisdiction.
The apprentice worked in the employer's construction company
and was the subject of systemic and deliberate abuse. The abuse
included having hot drill pieces held to his skin, sandpaper
scraped on his face and a rag which was drenched in methylated
spirits was held over his mouth. The apprentice was also the
subject of continual verbal abuse. After working for the employer
the young
