A bullying complaint has been substantiated at work – don’t ignore recommendations!
In September 2022, the OHS Coordinator at InfraBuild Steel Laverton Steel Mill claimed the company's Safety Manager bullied him by micromanaging, threatening and intimidating him, and making vexatious and false complaints about him. The Safety Manager then made her own complaints about the interactions and consequently the employer engaged an external party to conduct an investigation on their "competing complaints of inappropriate workplace behaviour".
The pair’s interpersonal issues continued and again in early 2024, the Safety Manager made further complaints about the OHS Coordinator. This led to a fresh investigation.
Both investigations found that while the events the two workers complained about had occurred, their behaviours were inappropriate and warranted disciplinary action. Each investigation also provided numerous recommendations to improve the workers' working relationship.
The Australian Workers Union applied to the FWC to deal with a dispute over whether the employer failed to discharge its obligations under the relevant enterprise agreement (EA) to maintain "a workplace free of unlawful discrimination, harassment and bullying", including the failure to investigate vexatious complaints by the Safety Manager and the potential victimisation of the OHS Coordinator.
The FWC found that the business failed to comply with its obligation to maintain a bullying-free workplace. The employer did not implement the recommendations from two bullying investigations, nor did it act on the safety manager's reluctance to participation in mediation.
The FWC ordered for recommendations related to the Safety Manager to be implemented as part of the findings. However, as the OHS Coordinator had resigned, recommendations relating to the incumbent were no longer required.
If you need assistance in facilitating a workplace investigation or implementing changes post an investigation, please contact HRAnywhere on 1300 208 828 or info@hranywhere.com.au.