The fact an employee might be reinstated to the organisation against which she sought stop-bullying orders wasn't enough to overcome a jurisdictional objection to her claim.
There was no reasonable basis for an employee to believe he was being bullied; rather, he sought to "entrench" himself as a victim, the Fair Work Commission has found in refusing to issue stop-bullying orders.
The number of workplace bullying complaints continues to rise, despite employers paying more attention than ever to this area. Watch this webcast to minimise the likelihood of your organisation facing a bullying claim and avoid the workplace culture and reputational damage they can cause.
A "rude" employee could have provoked "a much more robust" response from managers, but instead they remained calm, considerate and professional, the Fair Work Commission has ruled in stop-bullying proceedings.
"Human resources could have intervened more effectively" when an employee's concerns about her performance rating continued to escalate, the Fair Work Commission has found.
Polling other workers about whether to "cut and run" or "stay and fight" after making a stop-bullying application warranted disciplinary action, the Fair Work Commission has ruled, in rejecting an employee's request for an interlocutory injunction.
An absence of workplace bullying reports did not mean an employer wasn't aware of the conduct, a court has found, in awarding an employee more than $950k in damages for a psychiatric injury.
In deciding not to make stop-bullying orders, the Fair Work Commission doesn't "in all cases" need to first determine whether bullying has occurred, if it considers a current employee is not at risk of such conduct in the future, a full bench has confirmed.
It's not uncommon for employees to find investigations stressful and upsetting, but this doesn't mean they're unreasonable, a Fair Work Commissioner has commented in dismissing a stop-bullying application.
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.
