Fair Work new anti bullying rules out for comments

fairwork-bullying

The Fair Work Commission has released its new draft anti-bullying Case Management Model in preparation for the introduction of the jurisdiction on 1 January 2014.

Fair Work new anti bullying rules out for comments

Justice Iain Ross also confirmed Commissioner Peter Hampton as the new anti-bullying Panel Head.

Justice Ross said the Commission thought it important to release the case management model and a draft Anti-bullying Benchbook to ensure employers and employees were well informed before 1 January 2014.

He said it was important employers and employees understood the scope of the jurisdiction and the remedies the Commission might order.

“This is not a compensation jurisdiction,” Justice Ross said.
“The new anti-bullying jurisdiction is not an avenue to provide compensation to those who have been subjected to bullying; and nor is it about penalising employers.”

He said it was directed at preventing workers from being bullied at work.

Justice Ross said the Case Management Model had various steps, which culminated in the Panel Head determining if the matter should be sent for voluntary mediation with a Commission staff member, or direct to a Commission Member for mediation, conciliation or arbitration.

“Our key considerations have been to ensure that our processes are practical, efficient and fair,” he said.

“Each application will be assessed at an early stage to decide whether it falls within our jurisdiction, the parties involved, the nature of the alleged bullying and how the application should be dealt with.”

Justice Ross said while it would take some time for the jurisdiction and associated case law to develop, the Anti-bullying Benchbook and Case Management Model were the first steps in informing potential parties of the Commission’s procedures and relevant legislative provisions.

All feedback on the Case Management Model and the Anti-bullying Benchbook should be emailed to futuredirections@fwc.gov.au

The Case management Model can be found here.
The Anti-Bullying Benchbook can be found here.

 

 



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7 Responses to “Fair Work new anti bullying rules out for comments”

  1. Its all well and good to have mediation but if you have a manager, like in my case she was a complete psychopath, that wont change and you have an employer who doesn’t give a shit then the mediation will do absolutely nothing and create a worse environment for the employee.

    Unless the employer can see that what they are doing is wrong nothing will change and then the employee is in a worse situation because the mediation will create avenues to be followed like speak to the manager when they are being a bully and if you are in a fragile state then you cant speak to the bullying manager.

    Its all just a load of white wash and I don’t believe anything will change.

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  2. Of important note is that the “Anti-Bullying Code were downgraded to a Guide

    As a result of a number of submissions received during the public comment period in relation to the second draft of the Anti-Bullying Code, Safe Work Australia (SWA) has agreed not to finalise the anti-bullying “Code” but to release a “Guide” to preventing and responding to workplace bullying.

    What a shame

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    workcovervictim3 November 25, 2013 at 1:32 pm
  3. Like Pugsley, but in my case was the employer! A psychopath who used and continues to use bullying as a tactic to cheaply “remove” employees, especially those who are not willing to reciprocate his sexual advances and pander to his ego. They become the “enemy” in his mind – a perceived threat to his psychotic ego and deep rooted insecurities. I learned that I wasn’t the first or the last. I witnessed others victimised and stood up to this “man”, only to end up damaged. Now I’m continually bullied by his insurer while he continues to abuse others, safe in the knowledge that he is untouchable and will never be punished for his crimes against humanity. You cannot “mediate” with a psychopath who refuses to acknowledge his actions or accept he has a problem. Ironic that I’m now seeing a psych, when he is the one in urgent need of treatment.

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    Driven to insanity by the insane November 25, 2013 at 3:53 pm
    • Hi a question, did your insurer deny liability ? Same story my side or my partners but they denied liability after 12 weeks. Called it something which it was not.

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      • Phil, to answer your question,

        After 6 week “investigation”, claim accepted, but I had written evidence and gave numerous detailed examples of his psychotic behaviour, including the names of women who’d left because of him. My claim was for bullying not sexual discrimination, even though the bullying started after refusing his advances. We are talking one truly f*(^%# up psycho, who has hurt so many women. Women reduced to tears, completely intimidated, who have left, some walking out without even resigning just to escape this pathetic excuse for a human being. I was just the first to expose him – the first to lodge a WorkCover claim (that I’m aware of). WorkSafe know there is a problem at that workplace, but do nothing.

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        Driven to insanity by the insane November 28, 2013 at 4:45 pm
  4. Over the course of 15 months have visted them all on behalf of my injured partner.

    Fair Work C
    Fair Work O
    Sex Discrim C

    and so on.

    Lodge a sex discrimination complaint and take it there. helpful, takes a while but some chance of an outcome. Fair W or Fair W O, both totally useless. the laws are in place, laws in fair work act against some of the secondary behavior that happens. thing is its never enforced, never followed through and mediation at Fair work is a joke, in fact had the mediator trying to tell me I should do this or that, having already been to both bodies who sent me there was amazed by this tone.

    Fair Work either the C or O, do not and will not enforce the fair work act itself. They are nameplates above doors which do little. i actually got shuffled from one to the other then back at the Commission they said NO we do not handle that go back to the Ombudsman.

    After 15 months my advice would be, file a complaint with the police. make it a police matter. Go to Australian Human rights and complain there, but make it a big issue. Fair wok a guide ? I would say bend over and take it … or don’t. fight back and fight back with all your might. If your a male or female. Make it in writing and make it very clear. If your threatened or touched, police. If your employer acts, fair work C …. but this world we live in, the employer sadly can do what they wish, when they wish, how they wish. So I suggest either making it a police matter or changing jobs. Sad to say this for me and a partner injured as a result of this stuff, 15 months latter in hindsight she had two choices, maybe three.

    Best one would have been the police when her incident happened.

    Second was to leave.

    Third was to put up with it.

    She chose to say NO and say no for all the staff as she was manager. The end result was and is not a good one.

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  5. Heyh can anyone tell me hows lisa going

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