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Workplace bullying is a serious issue impacting employees across many industries. Defined under the Fair Work Act, workplace bullying is repeated, unreasonable behaviour that creates risks to health and safety. The Fair Work Commission’s (FWC) Stop Bullying jurisdiction provides a mechanism for workers to seek protection from workplace bullying and a safe way to address behaviours that may harm them. Here, we’ll explore real cases from the Stop Bullying Bench Book, showing how the FWC’s jurisdiction works to address workplace bullying in various forms and provide safeguards for affected workers.
What is Workplace Bullying?
The Fair Work Act defines workplace bullying as behaviour that is repeated and unreasonable, creating risks to health and safety. Workplace bullying can manifest in actions like belittling remarks, excluding employees from team activities, or ongoing aggressive behaviours. However, workplace bullying must be distinguished from reasonable management action carried out fairly, such as performance reviews or disciplinary actions. Understanding the boundary between legitimate managerial conduct and workplace bullying is essential for workers, managers, and organisations.
Real Case Studies on Workplace Bullying
Real cases highlight how the Fair Work Act addresses workplace bullying and sets expectations for acceptable conduct.
Case Example 1: Re Ms SB [2014] FWC 2104 – Recognising Isolating Conduct as Workplace Bullying
In Ms SB, the applicant alleged workplace bullying by her manager, who isolated her from decision-making, denied access to essential resources, and disparaged her work. The FWC found that while some management actions were reasonable, others amounted to workplace bullying by creating a hostile environment. This decision highlights how repeated isolation and unwarranted criticism can constitute workplace bullying and warrant FWC intervention to prevent further harm.
Case Example 2: Re Applicant v Respondent [2018] FWC 6838 – Addressing Exclusion as Workplace Bullying
In this case, workplace bullying took the form of exclusion, unwarranted criticism, and verbal aggression by a superior. The FWC found that the behaviour exceeded reasonable management practices and issued an order to prevent further contact with the applicant. This outcome exemplifies how the FWC’s Stop Bullying jurisdiction addresses workplace bullying by implementing specific protections to stop behaviours causing harm.
Case Example 3: Re Gadzikwa v Australian Government Department of Human Services [2018] FWC 4877 – Workplace Bullying Through Micromanagement
In Gadzikwa, the applicant alleged workplace bullying through persistent micromanagement, exclusion, and continuous criticism. The FWC found that workplace bullying occurred when lawful supervisory actions were carried out in a repeated, hostile manner. This decision shows how workplace bullying, when taking the form of invasive or overly controlling behaviours, can be grounds for protective orders by the FWC to stop the conduct.
Case Example 4: Re Applicant v Respondent [2021] FWC 287 – Workplace Bullying in Aged Care Settings
In this case, the applicant, an aged care worker, alleged workplace bullying due to the supervisor’s relentless scrutiny and aggressive communication style. Although the employer argued the actions were supervisory, the FWC determined the frequency and tone of the interactions were harsh and constituted workplace bullying. The FWC’s order required the supervisor to limit direct communication, establishing boundaries to stop the workplace bullying that had taken place. This case demonstrates how workplace bullying in supervisory interactions, if handled aggressively or harshly, warrants intervention.
Protections Available for Workplace Bullying Under the Fair Work Act
Under section 789FD of the Fair Work Act, any worker who believes they are experiencing workplace bullying may apply to the FWC to stop the bullying. This jurisdiction is unique because it emphasises preventing workplace bullying rather than penalising offenders. The FWC can issue orders to cease workplace bullying, including:
• Limiting direct contact between employees involved in workplace bullying.
• Requiring that workplace bullying communications occur only under certain conditions.
• Mandating workplace changes or introducing policies that reduce opportunities for workplace bullying.
These orders are tailored to prevent further instances of workplace bullying and create a safer environment. However, the FWC does not award compensation for workplace bullying, as financial claims fall under separate personal injury or workers’ compensation laws.
Creating a Safe Work Environment by Addressing Workplace Bullying
Workplace bullying remains a significant issue across industries, with serious impacts on employee wellbeing. Each case of workplace bullying adds to a larger picture, where behaviours that damage workers’ mental health and morale must be addressed. The Fair Work Act’s protections against workplace bullying provide a practical pathway for employees to protect their rights and prevent harm. Moreover, these cases show that workplace bullying isn’t only about overt hostility; even persistent micromanagement or exclusionary tactics can become workplace bullying if they create an unsafe environment.
Organisations can help prevent workplace bullying by fostering a workplace culture that values respect and open communication, while also enforcing policies that ensure all employees understand the standards of acceptable behaviour. For employees facing workplace bullying, the FWC’s Stop Bullying orders offer a means to address the behaviour and reclaim a healthy, respectful working environment.
In conclusion, workplace bullying affects not only the individual worker but also the organisational culture and the productivity of teams. By taking active steps to address and prevent workplace bullying, employers uphold both the legal standards under the Fair Work Act and a commitment to providing a safe, supportive environment. For those experiencing workplace bullying, the Fair Work Commission’s protections ensure that they have the resources needed to stop workplace bullying and safeguard their health and wellbeing.
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