Case Study: Construction Company

26 Oct 2023

The problem

We assisted a large construction company with a claim for bullying and harassment. The applicant had accused the organisation and their supervisor of bullying and taking adverse action against them for refusing to allow them to undertake sensitive client work during their commute and lodged both a general protections claim in the Fair Work Commission and a complaint with the Safety Regulator.

Our solution

We investigated the incident, and successfully defended the client in the Fair Work Commission. We also undertook a review of the client's psychosocial hazards, including the controls for remote working, and drafted a psychosocial risk assessment and risk register to assist in demonstrating to the Safety Regulator that our client had complied with its obligations to identify and manage the risks of bullying it its workplace, so far as reasonably practicable, and ensure a safe place of work.

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.