First anti-bullying order handed down by Fair Work Commission

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An aggrieved worker has been successful in having a stop bullying order imposed by the FWC. The first anti-bullying order was determined by Senior Deputy President Drake after holding conference between the applicant and respondent.

Interestingly this order imposes restrictions on both the applicant and the respondent. It has not been previously considered that a stop bullying order may also apply to the applicant.

The types of orders listed for the respondent fit the theme of what has been predicted as possible inclusions in a stop bullying order. The first order made includes the following:

The employee, the subject of the application:

1. Shall complete any exercise at the employer’s premises before 8.00 a.m.
2. Shall have no contact with the applicant alone.
3. Shall make no comment about the applicant’s clothes or appearance.
4. Shall not send any emails or texts to the applicant except in emergency circumstances.
5. Shall not raise any work issues without notifying the Chief Operating Officer of the respondent, or his subordinate, beforehand.

Orders to be followed by the employee, the applicant:
1. The applicant shall not arrive at work before 8.15 a.m.

The applicant and respondent have been given permission to hold further conference if they believe there are or will be any difficulties in implementing the orders.

Applicant v Respondent [2014] PR548852 (21 March 2014).

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About the Author

Catherine Gillespie brings a wealth of skill to her clients. With particular expertise in teaching communication and workplace conflict resolution skills, Catherine has made a marked difference to the organisations she has worked with. She empowers teams and managers to adopt constructive styles that support harmony, productivity and progress in the workplace.