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ARTICLE · 08 JUNE 2017

Anti-bullying application derails misconduct investigation by employer

The FWC issued interim orders which prevented the employer from continuing until the worker's application was finalised.

AustraliaEmployment and HR
Services: People & Workplace
Industry Focus: Financial Services, Insurance, Life, Sciences & Healthcare, Real Estate & Construction

What you need to know

  • The Fair Work Commission recently considered an anti-bullying application made by a worker who had become the subject of a misconduct investigation by her employer.
  • The Commission issued interim orders preventing the employer from continuing the investigation until the worker's application had been finalised.
  • While the decision was made on an interim basis and as a result of particular circumstances, it demonstrates that the Commission does have the power to intervene in an employer's internal affairs and disciplinary processes where 'stop the bullying' claims are made.

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