ARTICLE · 02 JUNE 2014

Anti-bullying claims: how they work in practice

Sparke Helmore Lawyers

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The new workplace bullying laws form part of the Fair Work Act 2009 (FW Act).

AustraliaEmployment and HR

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In the November issue of Workplace Matters we considered the likelihood of an increase in work health and safety (WHS) legal risks as a result of the incoming anti-bullying laws. The new anti-bullying laws are now in operation. Although still in their early days, the Fair Work Commission's (FWC) new anti-bullying jurisdiction, headed by Commissioner Peter Hampton, has been busy: a significant number of applications (one per day) have already been received and the first decision was handed down by the full bench on 6 March 2014. In this article, we:

consider the new laws in more detail and suggest how we think the FWC will interpret them
explain the processes employers can expect to be kick-started if a bullying claim is lodged against them, and

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