On Leave and Out of Bounds: FWC Clarifies “At Work” Bullying Protections

| December 17, 2024

A recent Fair Work Commission (FWC) decision in Whitnall-Comfort [2024] clarifies the scope of anti-bullying protections under the Fair Work Act 2009. The ruling confirms that employees on workers’ compensation leave are not considered “at work” for the purpose of lodging a stop-bullying claim.

The Case: While on workers’ compensation leave, Ms. Whitnall-Comfort claimed her colleagues engaged in bullying behaviour, including discussing her family, her workers’ compensation claim, and sharing confidential information.

*A female employee stands apart, as colleagues gossip behind her back.*

The FWC dismissed the application, finding that:

Ms. Whitnall-Comfort was on leave and not performing work-related duties during the alleged incidents.

Being employed does not meet the definition of “at work.” The alleged bullying must occur while the employee is engaged in work or employer-authorised activities.

Key Lessons for Employers

Employers can take steps to reduce risks when dealing with workplace complaints including during employee absences:

| Provide Training

Train staff on appropriate workplace behaviour and effective complaint handling. Regular refresher courses help reinforce respectful conduct and reduce the likelihood of disputes.

| Address Complaints Promptly

Respond to complaints quickly, even if legal thresholds aren’t met. Prompt action shows employees their concerns are taken seriously and helps prevent smaller issues from escalating.

At IRiQ Law, we understand the complexities of managing workplace issues.

Our team can help you review and strengthen your workplace policies, provide tailored training for your staff, and guide you in handling complaints effectively. Contact us today to learn more.