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.
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.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
