A recent Fair Work Commission decision reveals that a worker has accused their employer of bullying, adverse treatment and being forced to resign after reporting safety hazards and breaches of Chain of Responsibility (CoR) legislation to management and human resources. The worker states that he was "very vocal" in reporting numerous safety breaches on site involving high reach equipment among other issues, which were allegedly not acted upon. The worker also cited a work-related injury and false accusations of bullying as reasons behind his constructive dismissal. The employer has countered that the worker voluntarily entered into a settlement agreement and was not dismissed. The worker subsequently withdrew his unfair dismissal application and the Fair Work Commission has not made any findings as to the truth of the claims.

The employer incurred over $10,000 in legal costs relating to the worker's application, and was not able to recover these costs from the worker. This goes to show that even if a worker's unfair dismissal application is withdrawn, an employer may still be left to bear substantial costs.

Both employers and employees should be protected against undesirable employment outcomes by a robust CoR compliance culture and comprehensive CoR policies and procedures. Policies and procedures should clearly set out obligations of the employee and the employer, as well as how incident reporting and response should be documented. Documentation of reporting and response will ensure that both parties have evidence of what was said and done in case there is a dispute. Employees should be assured that they will not be treated adversely if they report incidents and near misses to management, and employers should follow documented disciplinary procedures if required.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.