In a very recent case of Shaw v Australia and New Zealand Banking Group Limited, the employee sought an anti-bullying order pursuant to s789FC Fair Work Act on 1 April 2014.
A timetable was set and the matter was listed for hearing 14 May 2014.
The bank terminated the employee prior to the hearing and argued that the application should be dismissed.
The commissioner dismissed the application on the basis that the employee no longer worked for the bank and there was no risk that the ex- employee would continue to be bullied at work.
The employee was then left to proceed with an alternate claim that he was adversely treated under s365 general protections provisions (i.e. terminated) because he tried to exercise a workplace right.
The result of this case begs the question, how effective is this legislation?
If you have any queries regarding Bullying in the workplace, documentation or how to deal with a work incident please contact our Workplace Law Team.