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.
Stripping an employee of his core duties without explanation was "objectively unreasonable", the Federal Circuit Court has found, in ruling an employer breached its obligation to provide him with a safe workplace.
The Fair Work Commission has refused an employee's application for stop-bullying orders, while finding some of his own behaviour was "consistent with upward bullying".
An employee wasn't bullied when she received repeated requests to work in her employer's office, and was placed on a performance improvement plan after a client complaint, a key ruling from this year illustrates.
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.