The Fair Work Commission has made an important ruling on its new anti-bullying provisions, opening the door to allegations from years past.

With new rules coming into place only in January this year, a determination has already been made which may widen the scope of the laws aimed to end harmful workplace harassment.

A case, dubbed FWCFB 1440, was prompted by a stop-bullying application made on January 9. In it, a woman alleged that she had been subjected to workplace bullying between November 2007 and the time she went on leave in May 2013.

The Commission was therefore made to decide whether bullying conduct dated before the commencement of the amendments to the Fair Work Act.

The FWC has in the past stated that the scheme is not designed to apply retrospectively, or allow any cases of bullying throughout history to now be brought to court, but it has now ruled that it is appropriate to consider past behaviour in certain circumstances.

There has been some concern from legal authorities over the potential precedent established.

“This clarification of the FWC’s jurisdiction in the area of bullying has the potential to lead to more employee complaints than expected and make those complaints more complex,” workplace relations lawyer Rania Jones has told Human Capital Magazine. 

“Effectively, this decision allows employees to make applications based on past conduct and behaviour that they fear will continue in the future,” added Athena Koelmeyer, director of specialist law firm Workplace Law.

“Past occurrences of bullying conduct will be admitted as evidence, regardless of whether these events occurred prior to 1 January 2014.

“Once an applicant demonstrates that they have been bullied at work, the Commission will consider whether there is a risk of ongoing or prospective future bullying. If such a risk is present, the Commission will make an order to stop the bullying,” she said.