No-one wants to find themselves in a position where they are the victim of bullying in the workplace, but unfortunately it is a reality that does occur and sometimes it gets so serious that legal action must be taken.
In the recent case of CF, NW and Company A and ED [2015] FWC 5272, which was heard by the Fair Work Commission two employees were found to have been bullied by their manager. The two employees lodged with the Commission ‘stop bullying’ applications against a property manager, who was their supervisor.
Both employees claimed their manager engaged in conduct such as:
- Belittling the employees;
- The use of inappropriate language and swearing and yelling at the employees;
- Undermining the employees’ work with daily interference;
- Physical intimidation, including the slamming of objects on their desks;
- Attempting to have the employees victimise other staff members; and
- Threatening them with physical violence.
In this case the employer had first attempted to resolve the case within the workplace, with the property manager in question resigning and taking up a position with a related company operating from a different location. However the Commission found that the complaint had not been resolved as there was still a potential for interaction between the two businesses and the employees wit the manager.
The Commission found that there was sufficient evidence that the employees had been bullied by their manager and ordered the manager not to make contact with the employees and ordered him not to enter the workplace while the two employees were their, or access their property portfolios. To avoid any contact between the employees and the manager the Commission also made reciprocal orders preventing the employees from contacting the manager, or entering his new workplace.
This case is an example of the powers that the Fair Work Commission has to make orders where it considers appropriate (other than an order for payment of compensation).
In this case the order made was to stay in force for 24 months and the employer also had to implement an appropriate ant-bullying policy.
Under the Fair Work Act 2009 (Cth) where an employer or individual breaches an order made by the Commission, they may face a penalty of up to $54,000.00 for a company, or $10,800.00 for an individual.