BlandsLaw - Blog posts from bullying
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The importance of responding to bullying allegations

Employers are urged to deal with complaints of bullying and harassment fairly, promptly and in accordance with their relevant company policies. Otherwise, they may find that an employee seeks intervention from the Fair Work Commission under the anti-bullying provisions which give the Commission power to stop bullying and harassment at work in its tracks.

In a recent case[1], a Ramsay Health Care (“Ramsay”) catering assistant applied to the FWC for an order to stop bullying at work alleging that her manager and HR Advisor failed to investigate or take any action into her complaints of continuing bullying and victimisation. The employee had attended a meeting to discuss allegations against her of unauthorised absence from work and breach of a reasonable management request. Following these allegations, the employee raised bullying and victimisation complaints.

The catering assistant alleged that a group of colleagues made jokes about her, eavesdropped on her conversations and singled her out. Further, she claimed that she was abused and repeatedly accused of being drunk at work,

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The fine line between harmless banter and sexual harassment

Both employers and employees need to be able to differentiate between harmless comments and conduct that crosses into bullying and sexual harassment territory.

When employees do not appreciate how their comments have affected others in the workplace, they commonly claim that they were “only joking”, “just mucking around” or state that they didn’t realise their comments would cause offence. Whilst an appropriate level of workplace banter is heathy and can contribute to employee rapport, employers should ensure that staff understand what is and is not acceptable at work, and deal with any breaches of these standards so that it does not become part of the accepted workplace culture.

In a recent case,[1] a Technical Support Consultant at the Foxtel Call Centre was dismissed for ongoing instances of inappropriate behaviour, repeated sexual innuendo and inappropriate jokes in the workplace. The FWC considered 10 allegations of sexual harassment raised by the employee’s co-workers and, where substantiated, whether these instances formed a valid reason for his dismissal. The employee had been

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