Key Points:
The Fair Work Commission's decision sensibly
considers the reasonableness of an employer's response to
complaints of bullying.
Employers have been keenly waiting for the first substantive
anti-bullying decision by the Fair Work Commission, and the
Commission has now obliged (Ms SB [2014] FWC 2014).
The decision should give them some comfort, as it indicates the
approach that the Fair Work Commission is likely to adopt in
considering the merits of a bullying application – an
approach that will sensibly consider the reasonableness of an
employer's response to complaints of bullying.
Rumours, gossip, and complaints – a conspiracy of
bullies?
Interestingly, this case involved an application by a managerial
employee alleging that she was bullied by employees reporting to
her, and not the more common complaint of employees alleging
bullying by their managers. As the application involved persons who
continue to work together, names and identities were
