Managing a Bullying complaint in the workplace – what are reasonable steps?
Bullying is just one of the psycho-social hazards identified in the workplace but it one we are most familiar with. With the new onus on employers to take positive action, some employers have enquired about what is exactly required of them.
Recently the FWC dismissed an employee's anti-bullying claim against her employer on the basis that she refused to resolve the complaint at her workplace but insisted on escalating it to the FWC.
Brief Background
The Applicant was the chief executive officer at Aorta Pty Ltd and had filed an anti-bullying claim against a director at Aorta. She had claimed several instances against the director, the first one being in July 2023, when she questioned the director on losing a major account to which the director responded, "this account has been poorly managed" and "I'm going to punch you in the face".
The employer took significant steps to resolve the bullying complaint at the workplace.
Mediation
Organisation design to clearly define the chief executive's and the director's roles
The director was to undertake an independent grievance process to address the applicant’s concerns and
An internal investigation
How did the employee react to the employer’s initiatives to resolve the dispute?
The employee refused to participate in the mediation.
The employee expressed that the company did not need an organisational design, and has on numerous occasions expressed her reluctance to define her role.
The employee outrightly refused to participate in the independent grievance process saying that it is inappropriate to investigate as she had filed before the FWC.
The employee has only expressed concerns of the director’s behaviour while repeatedly refusing the genuine attempts made by the employer to address her concerns.
What did the FWC say about the employee’s conduct?
The FWC found it "extraordinary" that "someone could fail to seek to resolve bullying complaints at the workplace because a bullying application is before the Commission" Also, the FWC addressed that the punching incident "was clearly unreasonable" behaviour that amounted to bullying, but had noted that there was no repeated conduct and the director had "promptly" apologised (though it was not accepted by the employee).
Key Takeaways
Employers have a positive duty to address bullying in the workplace
Employees are expected and obliged to engage in dispute resolution at the workplace level.
Article by Kayte Lewis and Tabitha Reji
This article is general in nature and is not legal advice. If you need help dealing with anti-bullying/harassment claims or require assistance with workplace training, we can assist at Voice Lawyers.
You can contact us at voice@voicelawyers.com or give us a call at 02 9261 1954 or use the link on our website to book a consultation to speak with one of our lawyers.