THE NEW WORKPLACE BULLYING LAWS AND PERFORMANCE
MANAGEMENT
On 1 January 2014, new workplace bullying laws will form part of
the Fair Work Act 2009 (Cth). These laws will entitle
workers to apply to the Fair Work Commission, Australia's
industrial tribunal, alleging that they have been bullied in the
workplace. It has been predicted by the General Manager of the Fair
Work Commission that there may be up to 3500 applications per year
to the Fair Work Commission under these provisions.1
THE CURRENT STATE OF PLAY
At present, there is no Australian legislation that specifically
prohibits workplace bullying. Therefore, depending on the type of
workplace bullying which is alleged, workers have had to rely on
other general laws such as occupational health and safety laws,
workers' compensation laws, antidiscrimination laws and the
general protection provisions of the Fair Work Act 2009 (Cth), as
well as common law claims.
