Even if some complaints about an employee's behaviour were the result of ADHD-related "misunderstandings", her conduct warranted termination, the Fair Work Commission has found.
Despite a "substantial overlap" in the facts to be considered in an employee's stop-bullying and adverse action claims, the Fair Work Commission has refused an employer's request for an adjournment.
After wrongly equating all bullying with serious misconduct, a Fair Work Commissioner has, on redetermination, ruled that an employee's behaviour met the definition, and warranted his employer's chosen disciplinary action.
It was unreasonable to inform an employee who had just raised a bullying grievance that his previous allegations weren't substantiated, a commission has ruled in a psychological injury dispute.
In the aftermath of an unsuccessful stop-bullying claim, directing an employee to return to her substantive role was reasonable management action, a tribunal has ruled in a psychological injury dispute.
Workplace issues raised in stop-bullying proceedings could be addressed by clearer guidance and "more rigorous processes", the Fair Work Commission has found, in declining to issue orders.
One in three Australian workers (33%) report having experienced workplace sexual harassment in the past five years. Meanwhile, a new jurisdiction to resolve bullying and harassment disputes is also the first to allow for damages orders.
A stop-bullying order requiring mediation between an employee and his manager will stand, after the employer failed to persuade the Fair Work Commission to hear its appeal.
