It wasn't reasonable to transfer an employee accused of sexual harassment and ban him from speaking to female staff alone, a commission has found in a psychological injury appeal.
Removing a casual worker from a group chat and reassigning her "regular" shifts to other employees didn't constitute a dismissal, the Fair Work Commission has found.
A worker's belief that managers and HR officers had bullied him was "largely based on speculation and suspicion", not evidence, although some of their actions were "not ideal", the Fair Work Commission has found.
It was "disingenuous" of an employer to claim it didn't dismiss a casual worker, after it removed her from an assignment due to misconduct allegations, then made no attempt to give her further shifts, the Fair Work Commission has ruled.
An employer was entitled to dismiss a worker for her "belligerent and disrespectful behaviour", but it denied her procedural fairness when one person acted as "judge, jury and executioner" during the disciplinary process, the Fair Work Commission has ruled.
A worker has failed to block a performance improvement plan designed to address her "pattern of disregard" for supervisors, with a commission finding the action "fair and reasonable".
Premium news wrap: an employer's reasonable action defence has failed after an employee was left feeling isolated when her emails to HR were ignored; what the new employee definition means for employers; when LinkedIn posts about starting a new role breach post-employment obligations; and much more.
The friction caused by differing management styles and incompatible personalities in the workplace doesn't constitute bullying, the Fair Work Commission has ruled in stop-bullying proceedings.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
