ARTICLE · 02 JULY 2014

What is the difference between bullying and 'reasonable management action'?

Colin Biggers & Paisley

Explore more from Colin Biggers & Paisley

This FWC case provides welcome guidance to employers on the types of conduct that would amount to workplace bullying.

AustraliaEmployment and HR

Aoife Gallagher-Watson

In brief - Decision of Fair Work Commission provides welcome guidance to employers

Last month, the Fair Work Commission (FWC) handed down its first substantive ruling in its new bullying jurisdiction. The decision of Commissioner Hampton clarifies the "reasonable management action" provision of the Fair Work Act 2009 ("the Act") and provides welcome guidance to employers on the types of conduct that will amount to workplace bullying.

Application to Fair Work Commission for order to stop bullying

Following the introduction of the new section 789FD of the Act, workers who think they are being bullied at work can apply to the FWC requesting an order that workplace bullying cease. While the Commission does not have the jurisdiction to order compensation, it is able to make orders that bullying behaviours cease.

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