Bullying in the Workplace – What’s the Law? | Cyberbullying Law and the Fair Work Act


Bullying in the workplace. What protections
are there for employees under the Fair Work Act? Are employers liable where there is cyberbullying
by other workers? What can employers do to manage these workplace behaviours? I’m John Gallagher from Argon Law and in
this short video let’s talk cyberbullying, employer
responsibility and how to manage these challenges. A worker will be bullied at work if an individual
or a group of individuals, repeatedly behaves in an unreasonable way towards a worker, and
the behaviour creates a risk to health and safety. The Fair Work Act has anti-bullying
measures. These enable workers to apply to the Fair Work Commissioner for a stop bullying
order. An employer can be exposed to penalties if a stop bullying order is not followed.
Employers also have an obligation to provide a safe system of work. In certain circumstances,
an employer can be found liable for cyberbullying and other misconduct by workers, even where
this behaviour, including bullying through social media, takes place outside of the workplace. Employers can try to prevent cyberbullying
by having in place carefully drafted employment policies and following through with effective
management strategies. If you would like more information about bullying,
including preventing and managing cyberbullying in the workplace, please visit our website
or give us a call.