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Getting ready for the new workplace bulling laws - cost effective and practical preparation for employers
One of the fastest growing areas in workplace law is in the workplace bullying space. Despite the relatively high profile that workplace bullying has had in recent years, it has, in fact, been relatively difficult for an aggrieved employee to successfully pursue a legal remedy against their employer. In short, the traditional legal avenues that have been available to an aggrieved employee to advance a claim of workplace bullying have been legalistic, expensive and time consuming to pursue. This will all change with the introduction of the new workplace bullying laws that will apply across Australia from 1 January 2014. From 1 January 2014, an employee who wishes to legally pursue their employer over a workplace bullying grievance, will have a relatively speedy and cost effective way of doing so in the form of an application to the Fair Work Commission. The Fair Work Commission estimates that it will receive approximately 3,500 workplace bullying complaints p...
11 October 2013A 'workplace right' includes an employee seeking legal advice
The Federal Court, in the recent decision of (Murrihy v Betezy), has confirmed that the making of a complaint or inquiry by an employee to their lawyer about an employment matter can constitute the exercise of a 'workplace right' for the purpose of the general protections/adverse action provision of the Fair Work Act 2009. Background The employer was an online gambling service. The employee - Ms Murrihy, was a manager with the business. Ms Murrihy made a complaint to the chief executive officer (Mr Kay) of the employer that her commissions had not been paid. The employee then threatened to seek legal advice if her commissions remained unpaid. In response Mr Kay threatened to fire the employee. Was there adverse action? The judge found that the conversation between Mr Kay and Ms Murrihy, where he threatened to fire her if she sought legal advice about her unpaid entitlements, had, in fact, occurred. Consequen...
16 September 2013The FWC provides an insight into the new bullying jurisdiction
Introduction With the recent amendments to the Fair Work Act 2009 [click here to see our prior article], the Fair Work Commission (the FWC) will soon have jurisdiction to make various orders in relation to applications by workers who believe they have been bullied at work. While it remains to be seen how the amendments which are due to commence on 1 January 2014 will operate in practice, a recent decision of the FWC provides some insight as outlined below. Background Ms Harris had been employed by WorkPac Pty Ltd since November 2004, most recently as its Recruitment Co-ordinator Team Leader. She had received no prior warnings. In November 2010, Ms Maye was engaged by Workpac until her resignation in December 2012. Ms Maye undertook an exit interview in which she made various allegations regarding Ms Harris' behaviour towards her at work over an extended period of time. In particu...
6 September 2013