Recently at the FWC – Anti Bullying matter

Anti Bullying order.

Purcell v Ms Mary Farah and Mercy Education Ltd t/a St Aloysius College

Read decision [2016] FWC 2308.

This application for an anti bullying order was made by a teacher who was also the OH&S representative at the school.

The applicant alleged that she had been bullied at work by the Principal of the College. The Principal was appointed in 2013 with a mandate from the Board of Mercy Education to effect change and arrest declining enrolment; however some staff were resistant to the change and preferred the status quo.

The applicant gave evidence that she became increasingly concerned about Mercy Education’s bullying policy and in May 2013 raised the issue of bullying and the need to update the policy.

The College’s Business Manager agreed to review the bullying policy by the end of the year however this did not eventuate; the applicant raised the issue again in April 2014. The Deputy Principal was listed in the bullying policy as the complaints officer however there was no Deputy Principal at the College, as the previous Deputy Principal had resigned in 2013 after the Principal had been appointed.

The bullying policy was finally revised and re-issued in 2015 after the applicant filed complaints in December 2014. The applicant identified a number of incidents occurring from late 2013, and continuing after her return from long service leave in mid-2015, which she maintained was repeated unreasonable behaviour by the Principal.

The Commission concluded that four of the incidents which the applicant complained about, taken together, amounted to repeated unreasonable behaviour. The Commission found that the conduct was likely to have caused the applicant distress and that the behaviour created a risk to the health and safety of the applicant. The Commission found that the applicant was bullied at work.

Lessons for employers:

  1. Ensure your policies are up to date and compliant, if you don’t have the time or expertise, get help – see www.awpti.com.au/hr-support/
  2. Investigate complaints about bullying in a timely and professional manner, if you are not sure what to do, call an expert – www.awpti.com.au/investigations/

The Commission considered what orders (if any) should be made, finding the relationship between the applicant and the Principal was an mutually tense the Commission held that interpersonal relationship disputes are best resolved through the efforts of the parties, and perhaps assisted by some form of .facilitation, dispute resolution intervention or mediation.

The Commission held that some form of reconciliation was much more likely to produce a lasting, positive improvement in the working relationship between the parties than any order could.

The Commission proposed that the parties engage with each other in a series of mediated or facilitated meetings with the aim of repairing their relationship, and engaging in a dialogue that would accommodate an ongoing professional working relationship, and a safe working environment. If the parties were unwilling to engage with each other, then the Commission advised that either party could request the expeditious hearing and determination of the question of whether orders should be made.

Lessons for employers and employees

  1. In some cases a dispute resolution invention might better option to deal with complaints than an investigation especially in matters of a she said, he said nature with little of no other evidence. Each matter must be assessed on it merits.
  2. Investigations tend to have winners and losers, a dispute resolution intervention has the potential to create a win win situation.
  3. A a dispute resolution intervention can also be a more cost and time effective solution.

If you have received a complaint and are not sure what to do, go to the Australian Workplace Training & Investigation home page www.awpti.com.au and request our Compliant Analysis Chart. The chart will assist you in deciding the best course of action to take when you have received a complaint.

AWPTI can also assist you with dispute resolution interventions – www.awpti.com.au/disputes/

AWPTI – workplace investigations Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Workplace investigations misconduct, bullying, harassment & sexual harassment investigations

www.awpti.com.au
http://awpti.com.au/investigations/

You can contact AWPTI – enquiries@awpti.com.au

This is general information only. It does not replace advice from a qualified workplace investigator in your state or territory. It is recommended that should you encounter complaints in the workplace that you seek advice from suitability qualified and experienced workplace investigators.

 

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