ARTICLE · 31 MARCH 2015

When is a worker bullied - at work? Full Bench defines key terminology

Kemp Strang Lawyers

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The FWC provided some important guidance on the definition of the term "at work" for the purposes of the Fair Work Act.

AustraliaEmployment and HR

Lisa Berton (Formerly With Kemp Strang Lawyers)

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In the decision of Bowker & Ors v DP World Melbourne Ltd t/a DP World & Ors [2014] FWCFB 9227 the Full Bench of the Fair Work Commission has provided some important guidance on the definition of the term "at work" for the purposes of the anti-bullying provisions of the Fair Work Act 2009 (Cth).

As previously outlined in an earlier Kemp Strang alert http://www.kempstrang.com.au/publication/be-prepared-or-be-caught-web-workplace-bullying Part6-4B of the Fair Work Act allows an aggrieved worker to make an application for an order to stop bullying to the Fair Work Commission. In making an application, a worker must be able to prove a number of elements, namely that the bullying occurred "at work" and there is a risk that the worker will be continued to be bullied at work.

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