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ARTICLE · 13 AUGUST 2015

But why? - Fair Work Commission publishes first reasons for making stop bullying order

Corrs Chambers Westgarth
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The FWC reasons provide useful insights into the steps that employers should take to address bullying in the workplace.

AustraliaEmployment and HR
Janine Young
Janine Young
Anthony Forsyth
Anthony Forsyth
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Previous Corrs In Briefs have looked at the evolution of the Fair Work Commission (FWC)'s anti-bullying jurisdiction since its commencement on 1 January 2014.1 In this In Brief, we consider the learnings for employers arising out of the FWC's first published reasons for making an order to stop bullying under Part 6-4B of the Fair Work Act 2009 (Cth) (FW Act).

BACKGROUND

During a determinative conference in the recent case of CF and NW v Company A and ED,2 Commissioner Hampton heard that the two applicants, employees of a small real estate business, allegedly had been the subject of belittling conduct, swearing, yelling, physical intimidation and threats of violence, at the hands of a Property Manager. Following an informal investigation into the applicants' bullying allegations and an attempted workplace mediation, the Property Manager resigned from her employment with the employer and took up an equivalent position with a related company, working from a different

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