Employees "cannot expect to avoid standard scrutiny" of their performance by claiming they are being bullied, the Fair Work Commission has stressed, in rejecting a stop-bullying bid.
Expressing unwillingness to work with a certain manager amounted to refusing a lawful direction, and was a valid reason to sack an employee, the Fair Work Commission has ruled.
Alleged bullying by two managers while an employee was on leave didn't occur while he was "at work", but in any case the conduct wasn't unreasonable or repeated, the Fair Work Commission has found, in refusing to make a stop-bullying order.
Resigning may well have been the right decision for an employee who didn't trust HR to take her workplace complaints seriously, according to the Fair Work Commission, but this didn't mean the employer's conduct forced her hand.
An employee who appeared to take every decision unfavourable to him as a "personal affront" has failed to win stop-bullying orders, with the Fair Work Commission finding none of his seven allegations met the required bar.
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.
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.
