Bullying is defined as repeated instances of unacceptable behaviour towards you by another worker in the workplace which is likely to be a danger to your health. This means that if the repeated adverse conduct is causing medical problems such as stress or depression then it will be within the jurisdiction of the Fair Work Commission.
Bullying is often a problem in the workplace both for the worker who is being bullied and for the employer who may have problems and difficulties dealing effectively with the issues.
The Fair Work Act 2009 now has provisions where a worker who is being bullied in the workplace can make an application to the Fair Work Commission for an order to stop the bullying. It is important to act quickly where you feel you have been bullied.
In this case
Naomi’s sales manager made rude remarks to her that Naomi felt were designed to embarrass her. He asked her personal questions and teased her when she looked uncomfortable.
Her manager was careful not to act in this way in front of other people that outranked him, and he rarely intimidated her when others were around. The company had no formal procedure in place for managing this type of complaint, so Naomi sought expert advice.
National anti-bullying laws meant Naomi was protected and could apply for an order for the bullying to stop. A settlement was negotiated and Naomi was awarded damages by the company, and they were required to adopt clear policies.
Do you think you have been bullied at work? Do you have an order from the Commission that is not being followed? Workclaims Australia can help.
Workclaims Australia can also represent you in the Australian Human Rights Commission if you have been discriminated against in the workplace on the grounds of age, sex, race or any other prohibited reason.