In a recent decision the Fair Work Commission dismissed an application for order to stop bullying by an employee who was on workers’ compensation.
The Facts
The applicant was employed by an aged care and disability care provider but was absent on workers’ compensation.
She applied to the Fair Work Commission for orders to stop bullying at work, alleging that other employees were talking about her “WorkCover”, her children, her past relationships and her family life and were laughing at her. She had emailed her employer asking the conduct to stop, but said the behaviours had continued and were distressing her.
According to the Fair Work Act 2009 an order can be made to stop bullying, if (among other things) while the worker is at work:
- an individual or a group of individuals repeatedly behaves unreasonably towards the employee, and
- the behaviour creates a risk to health and safety.
The Decision
The Commissioner dismissed the application, observing that:
- None of the alleged instances of bullying behaviour toward her occurred while she was at work, as she was absent from work on worker’s compensation at the time.
- During the period of absence she was not performing any work for her employer or engaging in any other employer-authorised or permitted work activity.
Implications
The case is a reminder of the importance of the strict criteria of the Fair Work Act when bringing applications for protections such as anti-bullying orders.
Even so, employers are recommended to actively manage the risks to health and safety in their workplaces.
At WorkLegal our experienced team can answer your questions and put you on the right track. A range of fixed-price Initial Consultations will suit most people’s needs in quickly learning what their options are.
Some more information is available here or you can book an initial no-obligation chat online to review an employment contract or contractor agreement.