Workplace bullying; the Fair Work Commission’s jurisdiction
The Fair Work Commission’s jurisdiction to issue orders to stop and prevent workplace bullying is not, at least according to the number of decisions which are used by the Commission very much availed upon. Here though is a succinct summary of it.
“The Commission’s assessment of allegations of bullying at work is an objective assessment of whether behaviour and conduct that occurred was unreasonable with an attendant likely risk to health and safety. Behaviour and conduct that, objectively considered, is reasonable management action is not bullying at work. Even having found objectively there was bullying at work, the Commission must then assess, also objectively, whether there is a risk of the conduct continuing, also with a further risk to health and safety. After that point, the Commission is vested with the discretion to make orders or not.”
Application for an order to stop bullying – Burbeck v Alice Springs Town Council and others (2017) FWC 4988 delivered 6 October 2017 per Wilson C