144GStop bullying orders

144G Stop bullying orders

144G Stop bullying orders

(1) The Commission may make any order it considers appropriate to prevent an employee from being bullied at work by the individual or group if the Commission is satisfied that—

(a) the employee has been bullied at work, and

(b) there is a risk that the employee will continue to be bullied at work.

(2) The order may apply to the following—

(a) the individual or one or more individuals in the group,

(b) the employee’s employer,

(c) a person conducting a business or undertaking if the bullying occurs in connection with the business or undertaking.

(3) Without limiting the kinds of orders made under subsection (1), the Commission may order one or more of the following—

(a) the payment of damages to the employee as compensation for loss or damage suffered from the bullying,

(b) a prohibition on continuing or repeating the bullying,

(c) the performance of reasonable actions or a course of conduct to be carried out to redress loss or damage suffered by the employee,

(d) the publication of an apology or retraction,

(e) the development and implementation of a program or policy aimed at eliminating bullying.

(4) The Commission must not order a payment of damages of more than $100,000 for an employee.

(5) In determining the terms of the order, the Commission must take into account all of the following—

(a) other grievance or dispute procedures available to the employee that the Commission is aware of,

(b) outcomes, whether interim or final, the Commission is aware of from other—

(i) investigations into the conduct the subject of the application, or

(ii) grievance or dispute procedures carried out in response to the conduct the subject of the application,

(c) other matters the Commission considers relevant.