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  • Workplace Bullying in Australia: The Fair Work Act and its Impact

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    103043_1.pdf (570.9Kb)
    Author(s)
    French, Ben
    Boyle, Maree
    Muurlink, Olav
    Griffith University Author(s)
    Muurlink, Olav T.
    French, Ben J.
    Boyle, Maree V.
    Year published
    2014
    Metadata
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    Abstract
    Workplace bullying represents a significant compliance and wellbeing challenge to workplaces, and changes in Australia's legal framework in relation to bullying will only amplify these challenges. Their implications for similar jurisdictions, such as New Zealand, where there remains no specific legislation to hold organisations to account for bullying that occurs in the workplace, are insightful. This article examines the crystallising of a single framework from state frameworks, and discusses recent case law and its implications for employers. While only a single case has been successfully prosecuted, cases that have failed ...
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    Workplace bullying represents a significant compliance and wellbeing challenge to workplaces, and changes in Australia's legal framework in relation to bullying will only amplify these challenges. Their implications for similar jurisdictions, such as New Zealand, where there remains no specific legislation to hold organisations to account for bullying that occurs in the workplace, are insightful. This article examines the crystallising of a single framework from state frameworks, and discusses recent case law and its implications for employers. While only a single case has been successfully prosecuted, cases that have failed to result in a 'stop bullying' order illuminate the potential for increased compliance pressure on employers, and the authors point to litigation that may flow through to other courts from application of the 2013 changes to the Fair Work Act. Law does not develop in a local or national vacuum, and in the absence of immediate precedent can be shaped by international influence-hence it is likely that the changes in Australia will be echoed in New Zealand, and vice versa.
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    Journal Title
    New Zealand Journal of Human Resources Management
    Volume
    14
    Issue
    2
    Publisher URI
    https://hrnz.org.nz/nzjhrm/articles/2014
    Copyright Statement
    © 2014 Human Resources Institute of New Zealand. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
    Subject
    Industrial Relations
    Business and Management
    Other Commerce, Management, Tourism and Services
    Publication URI
    http://hdl.handle.net/10072/70043
    Collection
    • Journal articles

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