The Fair Work Commission has ruled that it is not prevented from considering behaviour that occurred before the start of the new bullying jurisdiction on January 1 this year when dealing with applications for orders to stop the conduct.
A high proportion of the 66 bullying claims made so far have been against supervisors, and many could be thwarted by the Fair Work Act's "reasonable management action" exemption, according to a Fair Work Commissioner.
A tribunal has found that an employer's failure to formalise an employee's flexible work arrangements to meet her caring responsibilities led to her seeing them as an entitlement rather than a privilege, and any attempts to change them as workplace bullying.
