Evidence that an HRBP actively tried to help resolve an employee's issues with a colleague's behaviour has helped an employer defend a constructive dismissal claim.
A workplace complaints process required some "reasonably painful bureaucratic steps", but it didn't leave an aggrieved employee with no option other than to resign, the Fair Work Commission has ruled.
An employer that stopped rostering a casual worker after she lodged a stop-bullying application effectively sacked her, according to the Fair Work Commission, meaning it now has to face her general protections claim.
Workplace ostracism doesn't just affect the victim; it has "ripple effects" across the organisation if witnessed by other employees, according to researchers.
In a workplace conflict where both employees appeared to give unreliable evidence, the Fair Work Commission has declined to issue stop-bullying orders, ruling the incidents were more about "differing opinions" than "sabotage" and disrespect.
In ruling that workplace bullying occurred, the Fair Work Commission has also noted that many of the employee's concerns about his manager would likely be resolved if he changed his own behaviour.
It is wrong to equate all forms of bullying with serious misconduct, a Fair Work Commission full bench has ruled, in upholding an appeal by a "socially inept" employee over a disciplinary transfer.
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.
