15 Feb New Workplace Anti-Bullying Laws
New Workplace Anti-Bullying Laws – What’s Happening?
The Federal Fair Work Commission’s new anti-bullying laws commenced as of 1 January 2014
As from 1 January 2014, a worker who reasonably believes that they have been bullied at work may apply to the Commission for an order to stop bullying. A worker is ‘bullied at work’ if, while at work, an individual or group repeatedly behaves unreasonably towards the worker and that behaviour creates a risk to health and safety.Where the Commission is satisfied that the worker has been bullied at work, the Commission may make any order it considers appropriate to prevent the worker from being bullied at work. The Commission however is not able to award compensation.
The Commission will take into account the employer’s disputes and grievance procedures and any investigation currently underway by the employer.
Fair Work Commission’s Case Management Model
The Commission has adopted a case management model approach which provides that the Commission is required to start to deal with an application within 14 days of it being made. The Commission may start to deal with an application by making inquiries of the parties or requiring information from applicants and employers.
With the introduction of the new laws it is important that employers have up to date policies and procedures in place with regard to bullying and ensure that managers and employees are trained or provided with refresher training sessions and are aware of their responsibilities.
For assistance with Policies and Procedures please contact one of our consultants on 8232 2820.
For further information on training please click here.