CF, NW and Company A and ED [2015] FWC 5272: Fair Work Ruling in Favour of Employees
Tuesday 11 August 2015 @ 9.58 a.m. | Industrial Law | Legal Research
The Fair Work Commission (FWC) has ordered that the property manager (Ms E.D, the respondent) of a small real estate agency be kept away from two other staff members after allegations of bullying of the two other staff members.
The agency has also been ordered to develop and implement anti-bullying policies, procedures and training, in one of the commission’s few findings of bullying since it was given oversight of the area almost two years ago.
Ms C.F and Ms N.W. (the applicants) each made an application for an order to stop bullying under s 789FD of the Fair Work Act 2009 (Cth).
Background to the Case
Fair Work Commissioner, Peter Hampton, made the orders on 5 August 2015, choosing to keep the identities of the company and employees under wraps in part to obtain a concession from the business that bullying occurred and in part to ensure the employees have access to a safe working environment in the future.
The two workers told the commission the manager’s behaviour included [see para 7]:
- Belittling conduct;
- Swearing, yelling and use of otherwise inappropriate language;
- Daily interfering and undermining the applicants’ work;
- Physical intimidation and “slamming” of objects on the applicants’ desks;
- Attempts to incite the applicants to victimise other staff members; and
- Threats of violence.
The employees, who took leave from their work because of the behaviour, said they raised the issues with their employer and the allegations were the subject of an informal investigation and attempts at mediation.
The manager subsequently resigned at the company but then took up a position with a related company. The commission heard there was “potential for interaction” between the two businesses and their employees and the manager had in fact been “seconded” back to the original workplace on a temporary basis.
Comment from the Employer
The employer conceded to the commission that a finding could be made that bullying had occurred, that “unreasonable behaviour” towards the employees occurred and such behaviour risked the health and safety of the employees.
The employees and manager accepted the concession and Commissioner Hampton made several orders to prevent further bullying, including keep the manager and employees working in separate offices.
The business was also ordered to address the culture in its offices that led to the conduct occurring [see para 33]:
… a number of initiatives have been ordered that go to the broader conduct within, and culture of, the workplace. These include the establishment and implementation of appropriate anti-bullying policies, procedures and training, which will include confirming appropriate future conduct and behaviour. Further, reporting arrangements will be clarified.
Reaction to the Ruling
Charles Power, a workplace relations partner, said that the orders made by the Commissioner are comprehensive and other employers should take note:
“This is a good model for all employers to consider as a way of dealing with workplace bullying complaints that are substantiated. In that way, the commission has been very helpful by telling Australian managers how this problem can be fixed.”
Power says in this case, the real estate agency had in some respects “a blank canvas” when it came to policies to cover workplace bullying and a large number of other employers would be in a similar position.
Employers “shouldn’t throw up their hands” if they receive a bullying complaint, Power says, and having policies and procedures in place is important. He says:
“Having positive measures in place in relation to specific cases as well as broader preventative measures can be a sort of insurance against being dragged into the Fair Work Commission.”
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Sources:
Fair Work rules property manager bullied two employees - Article from smartcompany.com.au
CF, NW and Company A and ED [2015] FWC 5272 (5 August 2015)
