On 1 January 2014, new workplace bullying laws will form part of the Fair Work Act 2009 (Cth). These laws will entitle workers to apply to the Fair Work Commission, Australia's industrial tribunal, alleging that they have been bullied in the workplace. It has been predicted by the General Manager of the Fair Work Commission that there may be up to 3500 applications per year to the Fair Work Commission under these provisions.
THE CURRENT STATE OF PLAY -
At present, there is no Australian legislation that specifically prohibits workplace bullying. Therefore, depending on the type of workplace bullying which is alleged, workers have had to rely on other general laws such as occupational health and safety laws, workers' compensation laws, anti discrimination laws and the general protection provisions of the Fair Work Act 2009 (Cth), as well as common law claims.
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