1. Bullying isn’t just about being unpleasant
Under the Fair Work Act 2009 (Cth) (the Act), bullying occurs when a worker is repeatedly subjected to unreasonable behaviour by an individual or group of individuals, and that behaviour creates a risk to health and safety. A single spat or isolated rude comment usually won’t cut it, but a pattern of conduct might.
2. No compensation
The Fair Work Commission (FWC) doesn’t award compensation in bullying cases. Instead, it can make stop bullying orders aimed at preventing future behaviour. These orders can include requiring changes to reporting lines, supervision, or workplace practices. For employers, this means the focus is forward-looking and can lead to structural change in your workplace if issues aren’t addressed early.
3. Not all management action is bullying
Reasonable management action carried out in a reasonable manner, like performance management, disciplinary action, or restructuring, does not amount to bullying. That said, how you do it matters, and poorly communicated or heavy-handed processes can cross the line.
4. Rare doesn’t mean irrelevant
Applications for stop bullying orders are relatively rare compared to other types of workplace claims. However, when they arise, they shine a light on cultural issues that may be festering under the surface. Employers who dismiss bullying as “personality clashes” or “tough management” may find themselves facing binding FWC orders that reshape how they run their business.
Get in touch to discuss your options with our team.