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Bullying claim can proceed even if orders sought can't be granted
The fact an employee sought stop-bullying orders that might "lack utility" or be beyond the Fair Work Commission's powers was of "no great consequence", a member has commented, in rejecting the employer's application to dismiss the matter.
The Commission has "wide powers" to make preventative orders, and if it found that bullying had occurred, it wasn't limited to making those the employee sought, Commissioner Damian Sloan said.
The case involved a Department of Home Affairs employee who alleged he'd been bullied by the employer and three individual managers.
The respondents all sought to have the matter dismissed under section 587 of the Fair Work Act...
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