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ARTICLE · 22 FEBRUARY 2015

Fair Work Commission updates definition of bullying

Discussion of a recent case before the Commission.

AustraliaEmployment and HR

In a recent decision rejecting allegations of bullying by a lawyer employed in the financial sector, Vice President Hatcher has suggested that the Australian Fair Work commission will find any of the following conduct to constitute bullying: "intimidation, coercion, threats, humiliation, shouting, sarcasm, victimisation, terrorising, singling-out, malicious pranks, physical abuse, verbal abuse, emotional abuse, belittling, bad faith, harassment, conspiracy to harm, ganging-up, isolation, freezing-out, ostracism, innuendo, rumour-mongering, disrespect, mobbing, mocking, victim-blaming and discrimination."

Even though the employers conduct was in some respects less than desirable, Hatcher VP found that the lawyer, who had been placed on a performance improvement programme, failed to establish that she had been subjected to conduct falling within those descriptors.

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