First decision in a contested bullying case in the FWC

On 12 May, Commissioner Hampton of the Fair Work Commission delivered judgment in the first contested bullying case to reach a final decision in the FWC.

The decision does not name the parties, but the situation described is one that many involved in human resources issues can relate to. It also gives some indications of how bullying matters are likely to run in the future, and in particular how the FWC is likely to weigh up evidence in such a matter.

In this case, a restructure had merged 2 teams at different locations, and had appointed the complainant, SB, as team leader of the merged team. She encountered resistance from team members who were not happy to embrace the changes introduced by the business. SB did not receive support from management to the extent that she felt was appropriate.