Workplace bullying claims have become increasingly complex, especially when employers take steps to separate the involved parties. A recent case before the Fair Work Commission (FWC) explored whether relocating an employee could resolve such a situation. The worker alleged they were consistently bullied by a manager and requested a formal stop-bullying order. In response, the employer moved the employee to another store location.
After assessing the change, the FWC concluded there was no ongoing risk since the employee no longer interacted with the alleged bully. As a result, the stop-bullying order was denied. Although this might seem like a straightforward resolution, the case offers a deeper look into how workplace bullying claims are handled legally. It reveals that the success of a claim depends not just on past events but also on the threat of continued harm.
This example shows why addressing bullying requires more than temporary fixes. While employee transfers may seem effective, they must truly remove the possibility of future harassment. If the threat still lingers—even indirectly—then the solution may fall short in the eyes of the law.
What This Means for Employers and Workers
For workplace bullying claims to be upheld by the FWC, proof of past misconduct isn’t enough. There must also be a realistic risk of continued bullying. This dual requirement pushes both employers and employees to act with clarity. Employers need to act quickly but strategically, ensuring their decisions fully remove any future threat. Simply shifting someone to another site might not be enough in every case.
Moreover, documenting each step taken becomes essential. Employers should maintain records of reported incidents, investigations, and follow-up actions like transfers. Meanwhile, employees must detail the bullying experiences and, importantly, the ongoing impact. Without these elements, claims may not succeed.
That said, this decision also encourages proactive measures. Rather than waiting for bullying to escalate, employers should foster positive workplace cultures. Regular training, open communication, and anonymous reporting channels help stop issues before they worsen. When prevention is prioritized, fewer workers will find themselves in need of legal recourse.
Takeaway: Workplace Bullying Needs Comprehensive Action
Clearly, resolving workplace bullying claims involves more than addressing individual cases. It requires long-term strategies that remove ongoing risk and foster healthy environments. Transfers might be one piece of the puzzle, but they should never be the only one.
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News Source: hcamag.com
