Management actions that weren't conducted reasonably were different enough not to be considered 'repeated behaviour', a commission has ruled in stop-bullying proceedings.
In stop-bullying proceedings, an accepted compensation claim for a psychological injury doesn't constitute proof that unreasonable management action has occurred, according to the Fair Work Commission.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Read what our webcast covers here then watch the full presentation with premium membership.
The Fair Work Commission has highlighted staffing shortages as a work design issue that can lead to "feelings of being bullied at work", while rejecting that a manager's conduct amounted to bullying.
The fact an employee sought stop-bullying orders that might "lack utility" or be beyond the Fair Work Commission's powers was of "no great consequence", a member has commented, in rejecting the employer's application to dismiss the matter.
An independent investigation followed by mediation might have prevented a workplace conflict from escalating into a stop-bullying application, the Fair Work Commission has noted, in highlighting some lessons for employers.
An employee who claimed he suffered a psychological injury after performance feedback from his supervisor has failed to convince a tribunal that her behaviour amounted to unreasonable action.
There was "no element of capriciousness involved" when an employer reduced an employee's hours, the Fair Work Commission has found in stop-bullying proceedings.
A commission has refused to strike out parts of a worker's stop-bullying claim, despite accepting some of the alleged conduct didn't occur while she was "at work".
An HR consultant took necessary and appropriate steps to examine an employee's own conduct when determining whether her bullying and other allegations had a "proper foundation", the Federal Court has ruled.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
