An employer did not bully a worker by forcing her to handle more difficult tasks and performance managing her approach, the Fair Work Commission has ruled.
An HR manager "bullied" a worker when she visited him unannounced to berate his performance and then began a disciplinary process, but her "faultless" conduct since then removed any need for a stop-bullying order, the Fair Work Commission has ruled.
The number of employers benchmarking their inclusion and equality initiatives for lesbian, gay, bisexual, transgender and intersex (LGBTI) workers has more than doubled in the past five years, and "best practice" in this area has evolved significantly, according to employer support organisation Pride in Diversity.
The Fair Work Commission has refused to suppress the identities of four respondents to a stop-bullying claim, rejecting arguments to prevent embarrassment, distress or reputation damage caused by the complaint.
A safety manager who sent abusive emails from his professional LinkedIn account and tried to dictate the terms of his work was not unfairly sacked, despite some "apparent lapses" in his employer's procedure, the Fair Work Commission has found.
An employer that followed a clause in its enterprise agreement "in form rather than substance" when investigating alleged misconduct took an approach that could "only be described as procedurally unfair", the FWC has ruled.
An employee who was subjected to "such a vehement and vitriolic dressing down" from his manager that he became unfit for work has failed to convince the Federal Court that the incident, and his employer's failure to properly investigate it, constituted adverse action and breached his employment contract.
Complaints against company heads put HR professionals in the tricky position of investigating the person they usually receive instructions from, so "you need to be a bit careful about how you play it", warns a specialist lawyer.
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.
