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Fewer than 1% of stop-bullying applications granted

Wednesday, 19 October 2016

Fewer than 1% of stop-bullying applications granted

Just 52 (7%) of the 734 stop-bullying applications made in 2015–16 were finalised with a decision, and only seven applications were granted, the Fair Work Commission's annual report shows.

The report shows that 352 applications were withdrawn prior to proceedings, 191 were resolved during proceedings and 108 were withdrawn following a conference or hearing.

Some 3,270 general protections applications were lodged in 2015–16, with 755 certificates issued to proceed to court.

Data included for the first time in the annual report shows 13 general protections claims involving dismissal settled for more than $100k in FY16, while 36 settled for between $50–99k and 87 settled for between $20–49k.

The unfair dismissal jurisdiction limits compensation to six months' pay, but in the general protections regime compensation is uncapped, exposing employers to significant risks if cases go to trial in the federal courts.

Annual Report 2015–16, Fair Work Commission, October 2016

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