workplace law

Pendlebury Workplace Law is a specialist workplace relations and employment law legal practice based in Sydney.

Anti Bullying Provisions

From 1 January 2014, amendments were made to the Fair Work Act 2009 which allow a worker, who believes that they have been bullied at work, to apply to the FWC for an Order to Stop the Bullying.

This provision is not limited to employees, but extends to:

–                contractors,

–                labour hire personnel and

–                persons engaged under other workplace arrangements.

The FWC is required to commence dealing with an Application for an Order to Stop Bullying within 14 days of an Application being made.

The FWC may make any orders it considers appropriate to stop the bullying, other than an order for the payment of a pecuniary penalty.

Before making an order, the FWC must be satisfied that the worker would continue to be bullied.

If the bully breaches the FWC Orders, it may lead to penalties of up to $10,200 for an individual, or $51,000 for a corporation. 

Brooke Pendlebury
Thursday, March 27, 2014