Resources: Blogs

Family Portrait

Blogs
|

FWC issues interim stop bullying order for family run business

Workplace bullying can often have a significant impact on workplace morale; however it can become compounded when the bullying occurs in small family run businesses where anti-bullying policies and procedures may not be in place.

Workplace bullying can often have a significant impact on workplace morale; however it can become compounded when the bullying occurs in small family run businesses where anti-bullying policies and procedures may not be in place.

This is the circumstance that the Fair Work Commission (FWC) recently considered when determining to make, by consent, interim orders to stop bullying in a family retail tyre business in Ari Kypuros [2017] FWC 3082.

The Applicant (AK) was employed by Mag Wheel & Tyre Pty Ltd (the Company). The Company is owned by Costa Kypuros (CK) and AK’s own father, Theo Kypuros (TK). AK alleged that CK engaged in bullying conduct toward him, including by physically intimidating him, ridiculing his personal achievements and undermining him in front of other employees and customers.

The stop bullying application was made against a history of alleged violence between AK and CK and a business dispute between TK and CK. CCTV footage filed in the FWC showed incidences of physical altercations by AK toward CK. Further, in April 2017 the Victorian Magistrates Court made an Interim Intervention Order against AK which required him not to commit family violence against CK.

Commissioner Wilson had regard to this background and the recent decision of Lynette Bayly [2017] FWC 1886 concerning interim orders in an anti-bullying application (see our blog Stop right now: Employer prevented from proceeding with investigation and disciplinary process). In determining to make the interim orders, Commissioner Wilson was satisfied that the behaviour alleged by AK from CK (and equally by CK from AK) could fall within the definition of workplace bullying.

Significantly, Commissioner Wilson held that in the circumstances, the consideration of the balance of convenience included not only the parties but also other persons in the workplace who either had experienced the negative aspects of the conduct or could be drawn into the dispute in the future.

In this regard, Commissioner Wilson stated that there were concerns that given the conduct between the parties to date, if the interim orders were not made, there was the potential that the conduct would escalate further and that it may have a detrimental effect on the health (either physical or mental) on the parties or others.

Accordingly, by consent, interim orders were made which include that:

  • While at work, AK and CK must not directly communicate with one other by any means or be within 10 metres of each other;
  • While at work, AK, CK and TK must not make comments to each other or other workers which are abusive, offensive to or disparaging of each other and about other workers; and
  • The Company and the Directors must submit to the FWC a proposal for workplace bullying training and the implementation of anti-bullying in the workplace.

The FWC has demonstrated this year that it is prepared to issue interim orders in anti-bullying applications. The interim stop bullying orders made by the FWC highlight the wide range of orders that can be made in such matters (including requiring individuals to stop certain behaviour) and the importance for businesses regardless of size and structure, to adopt and implement anti-bullying policies and procedures.

 

Similar articles

Employer found liable for workers compensation despite worker’s unreasonable perceptions

Fact or fiction

A recent decision of the New South Wales Personal Injury Commission serves as a reminder of the differing standards of proof when determining liability for claims of bullying and/or harassment under workers compensation laws and the Fair Work Act 2009 (Cth).

Read more...

Bullying allegations used as a tactic to direct attention away from an employee’s misconduct

Bullying tactics

It is not uncommon for employees to raise allegations against Employers in order to divert attention away from, or attempt to excuse their own misconduct.

Read more...

FWC warns against employer’s “concerning” performance management in stop-bullying application

Canteen Crasher

The stop-bullying provisions of the Fair Work Act 2009 (Cth) provide a mechanism for the Fair Work Commission to impose orders upon employers (as well as individual employees) which are aimed at stopping bullying behaviour in the workplace.

Read more...

Commission finds employer’s unsubstantiated allegations rendered dismissal unfair

Not mushroom for error

Where there is a factual dispute about allegations made against an employee, employers must ensure that the allegations are properly tested before proceeding to a disciplinary process. This will ensure that the employee has been provided with procedural fairness and any reasons relied on by the employer as grounds for dismissal are valid.

Read more...

Commission finds role with additional 88km travel time was not suitable alternative employment

The road less travelled

An employer may apply to the Fair Work Commission to have an employee’s redundancy pay reduced to a specified amount (which may be nil) in circumstances where it has obtained “other acceptable employment” for the employee.

Read more...

FWC finds Philippine-based worker entitled to claim unfair dismissal

Objection overruled

When engaging overseas workers to perform work for an Australian entity, employers need to be mindful of the risks that such workers may be considered employees to whom the Fair Work Act 2009 (Cth) might apply.

Read more...

Let's talk

please contact our directors to discuss how ouR expertise can help your business.

We're here to help

Contact Us
Let Workplace Law become your partner in workplace law and sports law.

Sign up to receive the latest industry updates with commentary from the Workplace Law team direct to your inbox.