Alleged bullying by two managers while an employee was on leave didn't occur while he was "at work", but in any case the conduct wasn't unreasonable or repeated, the Fair Work Commission has found, in refusing to make a stop-bullying order.
Resigning may well have been the right decision for an employee who didn't trust HR to take her workplace complaints seriously, according to the Fair Work Commission, but this didn't mean the employer's conduct forced her hand.
An employee who appeared to take every decision unfavourable to him as a "personal affront" has failed to win stop-bullying orders, with the Fair Work Commission finding none of his seven allegations met the required bar.
Placing a collection of rubber ducks and a pentagram on a coworker's desk may have been unwise, but it wasn't malicious, the Fair Work Commission has found in unfair dismissal proceedings.
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.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
