The Fair Work Commission's (FWC) bullying
jurisdiction came into force on 1 January 2014. Some six months
have passed, and we are now in a position to analyse some of the
trends arising from the applications lodged.
Surprisingly, the number of applications has been largely
underwhelming. The most recent FWC report told us that
approximately 150 applications had been made over the first quarter
of 2014. The number fell far short of the predicted 70 claims per
week.
Our experience tells us that this jurisdiction may be a slow
burner to begin with but will gather momentum as time passes and
more employees become aware of their rights under the
legislation.
In this Alert, Partner Andrew Tobin, Associate Abigail Vipond
and Trainee Solicitor Adele Garnett summarise some of the recent
bullying cases that have come before the FWC and the courts and
highlight some key considerations for employers:
