An employee who claimed she "resisted a male dominated and 'boys club' culture" for years wasn't forced to resign after her employer found a request to "get the coffees" didn't amount to gender-based discrimination, the Fair Work Commission has ruled.
Accusing a long-serving employee of being "incapable" of performing his role and requiring him to work in the office more than others wasn't bullying, the Fair Work Commission has found.
An employer didn't constructively dismiss an employee when it offered her the choice of resigning, or returning to a workplace alongside her alleged bullies, the Fair Work Commission has found.
An employee's accounts of bullying and hostile conduct had "such independent consistency and support" that there was "no doubt they were based on real events", a commission has found in upholding her psychological injury claim.
A commission has rejected that weekly meetings with a probationary employee were a "performance appraisal" that exempted an employer from liability for his psychological injury.
An employer could potentially have avoided stop-bullying litigation if it hadn't "clumsily" managed an employee's complaints about a supervisor and had been more transparent about its workplace decisions, the Fair Work Commission has ruled.
An employer that was "acutely aware" of an employee's "mental health fragility" acted unreasonably when handling his return to full duties and his complaint about a manager, a commission has found.
A worker could have followed formal grievance processes rather than leaving her job, the Fair Work Commission has ruled in rejecting her constructive dismissal claim.
A worker's belief that managers and HR officers had bullied him was "largely based on speculation and suspicion", not evidence, although some of their actions were "not ideal", the Fair Work Commission has found.
The friction caused by differing management styles and incompatible personalities in the workplace doesn't constitute bullying, the Fair Work Commission has ruled in stop-bullying proceedings.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
