Bullying and Harassment
What is “bullying and harassment”?
Under the Fair Work Act 2009 (Cth), a worker is bullied at work if they are subject to repeated unreasonable action which creates a risk to health and safety, by another individual or group of individuals (Part 6-4B Fair Work Act). Bullying is also be a Work, Health and Safety concern and may be subject to the scrutiny of WorkSafe ACT or SafeWork NSW.
If a worker can show that they have been subjected to repeated unreasonable behaviour that poses a risk to their health and safety, they can file a Stop Bullying Application with the Fair Work Commission (see below).
Who is a worker?
In order to be covered by the anti-bullying laws, a person must be a ‘worker’, cannot be a member of the Defence Force and must work in a constitutionally-covered business.