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ARTICLE · 23 JANUARY 2014

Anti-bullying laws for workers: the FWC is getting ready

Carroll & O'Dea
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The Commission's ability to receive applications in relation to alleged bullying in a workplace commences shortly.

AustraliaEmployment and HR
Peter Punch
Peter Punch
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The new 'bullying jurisdiction' in a few words...

In short, the new provisions confer on the Commission power to deal with an application by a 'worker' (who may be any person performing work in any capacity for a person conducting a business or undertaking) for orders to stop bullying of the applicant in the workplace by an individual or a group of persons. 'Bullying' is repeated unreasonable behaviour towards a worker that causes a risk to health and safety, but does not include 'reasonable management action carried out in a reasonable manner'. The law applies throughout Australia but some businesses are not covered by the new laws (most particularly sole traders and partnerships).

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