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Queensland public sector employees who believe they have been bullied in the workplace can apply to the Queensland Industrial Relations Commission for a stop bullying order. However, if the bullying application does not meet the requirements set out in the Industrial Relations Act the Commission will not have jurisdiction to deal with it.

I’m Kate Simpson, from Aitken Legal. We are on the Whole of Queensland Government Legal Services Panel and provide advice to public sector departments and agencies regarding workplace and industrial matters.

An employee is entitled to make a bullying application if they feel they have been bullied in the workplace. An employee is bullied if, while at work, an individual or group of individuals, behave unreasonably towards the employee or a group of employees of which the employee is a member, and that behavior creates a risk to the health and safety of the employee. This does not extend to reasonable management action taken by an employer.

The Commission may not have authority to deal with the bullying application if:
• Either the employee, or the alleged bully, no longer work at the agency or department.
• There is no objective proof of bullying.
• There is no credible risk to health and safety.
• The allegations arose from reasonable management action carried out in a reasonable way. In this regard, the management action does not need to be perfect or ideal to be considered reasonable.

If you would like advice in responding to a bullying application, or to assist in investigating and/or resolving a workplace dispute, contact one of our experienced employment lawyers.

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