An employee's opportunity to respond before he was sacked for serious misconduct was too "narrow in scope", an FWC full bench has ruled, while nonetheless upholding the dismissal as fair.
Two managers could have handled certain situations better, according to the Fair Work Commission, but it has stopped short of granting stop-bullying orders to an employee who claimed he was "insulted and humiliated" by them.
It was reasonable for an employer to contact an employee while he was on sick leave after a Facebook post implied he'd caught COVID-19 from a client, the Fair Work Commission has found in dismissing his stop-bullying claim.
The employers coming closest to zero-tolerance for poor workplace behaviour are doing so through their culture, with policies taking a backseat, an academic says.
A large employer failed to approach "high-level tension" with the appropriate level of structure for a conflict that went beyond reasonable management action, a commission has ruled.
An employer has failed to block a stop-bullying claim it argues is "speculative" due to the worker's ongoing absence. Meanwhile, an "ideal" candidate who wasn't hired has lost his discrimination claim.
A supervisor's approach to managing an employee's workplace behaviour was not heavy-handed or unreasonable, the Fair Work Commission has ruled in refusing to make a stop-bullying order.
A senior manager who suffered a mental breakdown has successfully claimed his "brutal" dismissal was adverse action, resulting in more than $5.2 million in damages and fines.
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.
