A high-level FWC full bench will decide what constitutes being "at work" under the Fair Work Act's bullying regime after hearing argument this morning from three DP World workers, the company, the MUA, ACCI and the AiG.
The Fair Work Commission has given permission for an employer to have legal representation in a workplace bullying case, despite an objection from the employee who launched the action who argued the Commission's bullying jurisdiction is based on self-representation.
A senior member of the Fair Work Commission has told employers they need strong workplace conduct policies and grievance procedures and should select line managers with good interpersonal skills, to help them prevent bullying claims.
A new report from a major employment law firm predicts that the Senate will pass the Abbott Government's Fair Work Act and building industry amendments, suggests the next reforms will be limits on industrial action and productivity requirements for enterprise agreements, and highlights the lower than expected activity in the FWC's anti-bullying jurisdiction.
The Fair Work Commission has refused to suppress the name of an employer and an individual subject to a bullying claim, but has warned the employee that its ruling is not a green light to publicly reveal their identity before the hearing.