Wells found that this showed Bird’s behaviour posed a risk to Roberts’ health and safety.
Her decision rejected the employer’s argument that an anti-bullying policy and manual had been written since the incidents had occurred, and that this meant there was no risk of bullying occurring in the future.
Roberts and The View are due to meet in order to discuss the nature of the anti-bullying order to be made.
The claim was brought under the bullying provisions of the Fair Work Act, which allow the FWC to make orders to ‘stop bullying at work’, but do not allow the tribunal to award compensation.
Alan McDonald, managing director at McDonald Murholme, told HRM
that Tasmania takes the lead when it comes to protecting employees in the workplace.
“The decision of Deputy President Wells demonstrates leadership in helping Australia become a 21st century employer in expectation of the new Turnbull Government,” he said.
“Deputy President Wells protected a long-standing employee against bullying and childish taunts from a small business employer.”
McDonald also emphasised that all employers should be wary of mistreating employees simply because they have the power to do so.
“Employees must obey the lawful commands of employers but as Deputy President Wells makes clear, that is not to lead an employee to be abusive or insulting,” he said.
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