Anti-Bullying Order Dismissed But Corrective Action For All

A Civil Aviation Safety Authority inspector brought 30 bullying allegations against his team leader and a colleague, but only one was held to constitute unreasonable behaviour. The anti-bullying order was dismissed but Commissioner Nick Wilson noted the interpersonal dysfunction of the team that could potentially have the ‘severest consequences’.

The Fair Work Commissioner recommended a three-month ‘workplace culture and improvement plan’ and for the inspector to participate in a performance review with CASA and his team leader to work on a work plan together.
The inspector, his colleague, his team leader and CASA have been requested to write to the Fair Work Commission within a month to advise of a negotiated contract of employment. Cultural barriers were believed to have affected the functionality of the team and cultural training should be undertaken to better ensure fair work for all employees.

Tips for Employers

  • seek advice from a workplace lawyer in order to ensure that you have policies and systems in place, to recognise when an employee may require cultural training
  • consult an employment lawyer to see whether a written agreement may be suitable for any disputes, to ameliorate dysfunctionalities within a team
  • undertake training to increase ‘self-awareness’ of all staff, and to encourage best-practice workplace behaviours
  • conduct a confidential fair work and culture survey to establish baseline perceptions about what people deem dysfunctional behaviour and conduct to be
  • organise a professionally run workshop on bullying and acceptable behaviour and conduct within the workplace
  • encourage social events to facilitate team-bonding activities


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