
When will employers be liable for compensation for injuries sustained at home?
A recent case serves as a reminder that no fault workers compensation liability extends beyond the employer's premises.
From 1 January 2014, the Fair Work Amendment Act 2013 (Amendment Act) will allow a worker who has been bullied at work to apply to the Fair Work Commission (FWC) for an order to stop the bullying. A worker is defined with reference to the harmonised work health and safety legislation in operation across most of Australia. It is essentially an individual who performs work in any capacity, other than a member of the Defence Force. This means that employees of contractors, labour-hire workers and volunteers will all be able to apply to the FWC in relation to any bullying they say has occurred while they are at work for an employer.
A worker is 'bullied at work' if:
Note that this definition differs from the definition adopted by WorkSafe Victoria in its October 2012 guide.
Reasonable management action carried out in a reasonable manner does not constitute bullying.
The need for prompt action in bullying matters is reflected in the requirement that the FWC must start to deal with a worker's application within 14 days after the application is made.
The FWC may make an order to stop bullying where the FWC is satisfied that the worker has been bullied at work and there is a risk that the worker will continue to be bullied at work. In considering the terms of the order, the FWC must take into account:
The FWC is not empowered to order reinstatement or the payment of compensation to the worker. If a person, or corporate entity, to whom an order applies contravenes that order, a court may impose a penalty on that person of up to $10,200.
Don't wait until these provisions take effect to manage workplace bullying. A pro-active approach will put you in the best position to deal with an application made to the FWC. Accordingly:
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