An intriguing matter that was recently before the Fair Work Commission, in relation to workplace bullying, has resulted in some rarely implemented outcomes.
FWC issued an order which restricts the worker bringing the action from arriving at work before 8.15am and imposes a series of limits on the other employee while they are both at the workplace.
For the employee whose actions led to the bullying application, the following regulations have been put in place:
- The employee may not exercise on a balcony in front of, or near, the other person’s desk during working hours
- The employee is not permitted to speak to her unless there are colleagues “within listening-range”. The employee is also not able to make any comments about the other person’s clothes or appearance
- The employee is not to send any non-work-related emails to her unless they are also sent to two other named workmates. The employee is not allowed to send any text messages or call the other person on her personal telephone and
- The employee is forbidden to refer to her work ability or job performance without notifying the two named colleagues.
Seeing this new type of order being implemented is a change in the way the FWC has previously handled such issues. This should give you a sense of what you can expect in your own workplace if any cases or allegations are investigated.