Reform allows NSW Industrial Relations Commission to order damages for bullying or harassment
More than 400,000 public sector workers in New South Wales can now seek orders and damages to stop bullying and harassment in workplaces under reforms that took effect on Monday October 13 .
Workers in hospitals, schools, local councils, and other public services can now go to the NSW Industrial Relations Commission (IRC) if they experience bullying or sexual harassment at work, according to the State Government.
It comes as reforms in the state authorise the IRC to order:
- The bullying or harassment to stop
- Damages up to $100,000 for the victim
- A public apology to the victim
- The employer to take specific actions to prevent future problems
Individuals who contravene a bullying or harassment order from the IRC may face penalties of up to $18,870, while employers may be fined up to $93,900.
"Workplace bullying and harassment causes serious harm to worker health and according to the Productivity Commission bullying costs organisations up to $36 billion annually in Australia," said NSW Industrial Relations Minister Sophie Cotsis in a statement.
Major NSW workplace reforms
The IRC's new powers come months after the state government passed reforms introducing changes to its Industrial Relations Act and the Work Health and Safety Act.
Under the reforms, the IR Act will contain an additional object to eliminate discrimination, bullying, workplace sexual harassment, and gender-based undervaluation of work.
"This major reform focuses on gender equality as well as the elimination of workplace bullying and sexual harassment which are new key objectives of the IR Act," Cotsis said.
Changes to the WHS Act include giving the IRC powers to deal with disputes about work health and safety matters, such as the right to cease unsafe work.
"The amendments establish a 'one-stop shop' for handling complaints through the IRC and enhance its powers to resolve disputes and support injured workers' return to work," Cotsis said.
The reforms are part of the state government's steps to improve employees' conditions at work, such as restoring the independence of its industrial umpire and investing $344 million in workplace mental health.
