Changes to the Fair Work Act and Sex Discrimination Act to commence shortly
On 2 September 2021, the Federal Parliament passed the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (the Bill).Read more...
The Fair Work Commission (FWC) recently issued interim orders in an application for orders to stop bullying, which required the parties to, amongst other things, treat each other with respect and dignity, and to not yell in an unreasonable manner (see F.G.  FWC 6283).
The stop-bullying application had been lodged by an employee of a retail services business who alleged that he was being bullied by a co-director and owner of the business. The application was made against a background in which the business was also involved in other litigation relating to the director’s separation from the business as an owner, and the director had also made allegations that she was being bullied by the employer.
In the stop-bullying application, the director had failed to participate in two scheduled conferences with the FWC on the basis that she was medically unfit to have any contact with her employer.
In the meantime, the applicant sought interim orders alleging that, despite the director’s medical certificates, she continued to attend the workplace as the owner, and she unreasonably engaged with the applicant about the stop-bullying application.
Without making any findings about the applicant’s allegations, the FWC considered that, on face value, the applicant had a strong case, and that the “balance of convenience” weighed in favour of making the interim orders.
The “balance of convenience” test required the FWC to consider whether the benefit to be granted by the interim orders outweighed the inconvenience likely to be suffered by any of the parties. In this regard, the FWC considered that:
Accordingly, the FWC granted interim orders to the following effect:
Lessons for employers
These orders address matters that are normally dealt with in a Code of Conduct and other workplace behaviour policies and, on one view, are matters that should be common sense to employees.
Nonetheless, this decision demonstrates the wide ambit of the FWC’s power to make orders (whether interim or final) in stop-bullying applications, including orders directed to the conduct of the parties or that intervene in the management of a workplace.
Information provided in this blog is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.