The Fair Work Act Amendment that started on 1 January 2014 gives victims of workplace bullying and harassment a legislative option to stop the behaviour. Bullying victims can now apply to the Fair Work Commission for an order which will direct either an individual or the employer to stop the bullying. What does this mean for businesses?
Differing opinions
Many in the legal arena laud the new rules as a step in the right direction.
It's the first law that gives victims of workplace bullying a tangible step to
take to regain control of their environment. Previously, victims could turn to a
Regulatory Authority such as WorkCover. However, many complained about
very slow response times and very little enforcement.
The new legislation aims to fill this gap and provide faster response
times. Once a complaint is filed with the commission, the Fair Work
Commission states they must act within 14 days.
However, business groups, including the Australian Chamber of Commerce, are
concerned that the Commission's power over an employer are too broad and will
result in some minor human resource issues being elevated to industrial
relations tribunals. "You end up with the very serious matters being mixed
in with the very low level issues and that doesn't do justice to the serious
matters," stated Chamber Chief Executive Peter Anderson recently.
What you need to do
It's important for businesses that management understand their employee
rights and have policies in place to proactively handle claims.
One of the most important aspects is to have a written policy and detailed
procedures outlining what action you will take if an employee reports bullying.
It is also vital that you educate your workers on what constitutes bullying
and what falls within the reasonable management actions, such as performance
management.
If a worker takes a claim to the Commission and an order is issued, make
sure your procedures reflect how the order will be implemented.
Take our 2 minute questionnaire and see if you’re procedures need revising.
The Details Devils Pty Ltd specialises in workplace health and safety issues and compliance. Contact us for help understand exactly what your business needs to do to comply with this new legislation.
Related Toolbox Talks
Bulk buy discount for 3 Bullying & harassment talks
- Bullying and harassment - Definitions
- Bullying and harassment - Are you being bullied?
- Bullying and harassment – Recognise a bully
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