Pre-Emptive Strike Stops Bullying Order

In a recent decision of the Fair Work Commission, an employer was able to avoid stop bullying orders being issued against staff because the employer had pre-emptively moved the affected employee into another area, appointing them to another role. This meant that the bullied employee no longer came in direct contact with the bullying employee.

Because of these changes, the employer was able to assure the Commission that the likelihood of further bullying was significantly, if not substantially, reduced by the change in staff locations.

Although the Commission found that bullying did take place, they did not issue a stop order because the employer had been proactive in dealing with the bullying issue, namely by addressing the employees impacted by the bullying and ensuring that there were appropriate protections in place.

Handling bullying in the workplace

If you have concerns about handling bullying or are facing a stop bullying application, contact Adam Foster at Lewis Holdway Lawyers on (03) 9629 9629 and speak to our dedicated Workplace Relations Team.