Stop Bullying Order

Bullied at work?

If you believe you have been bullied at work, one option available to you is to apply to the Fair Work Commission for a “stop bullying” order. A copy of your application will be sent to your employer and to the person(s) you allege has bullied you at work. Your employer and the person(s) you allege has bullied you at work (sometimes one and the same person) will be provided with an opportunity to respond to your application. 

A worker is bullied at work if an individual (or group of individuals) repeatedly behaves unreasonably towards the worker (or a group of workers) and that behaviour creates a risk to health and safety1. 

A “stop bullying” order may be made under section 789FF of the Fair Work Act 2009 (Act) if the Commission is satisfied that the worker has been bullied at work and there is a risk that the worker will continue to be bullied at work. 

Aside from a “stop bullying” order, the Commission can make an order requiring a review of the employer’s bullying policy or order that the workers be provided with further information, additional support and training, amongst other things. 

Because of the nature of the complaint, the Commission is obligated to deal with such an application promptly. It has 14 days after the application is made in which to “start to deal” with it under section 789FE of the Act. The Commission may direct a conciliation conference or mediation take place between the parties, require certain persons attend the Commission, invite oral or written submissions, require documents or records, conduct inquiries and hold a hearing.  

If the matter proceeds to hearing, it is important to note that the Commission cannot make an order for a monetary amount in these types of matters. That is, no compensation order can be made, or fines ordered to be paid.  

You’ll find that the team at Conditsis Lawyers is here to help with your employment law issues.  

(02) 4324 5688

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