Browsing: Case law (253 items)


Bullying of transgender worker not made out: FWC

An aged care employer's investigation into allegations made against a worker amounted to reasonable management action, rather than inconsistent treatment because the worker is transgender, a fact the employer only became aware of during proceedings.


Departmental move a transfer, not a dismissal: FWC

A former ATO director who claims sustained bullying and harassment forced her to move to the AEC has failed to establish it constitutes a dismissal, after she used the Public Service Act's voluntary transfer provisions.



Commissioner rejects race bias claims

A FWC member has refused to recuse herself, after a worker likened her advice to an alleged bully during a conference to helping a s-xual assault perpetrator escape justice.


"Bullied" worker failed to heed reasonable demands: FWC

The FWC has refused to separate an NBN engineer involved in a dispute over allegedly unpaid hours from a manager held to have bullied him, instead ordering mediation after finding his own behaviour and "pedantic" approach is contributing to his problems.


FWC directs employer to review bullying finding

In a shot in the arm for a paramedic transferred 350km away after an investigator found he bullied a female colleague, a full bench has ruled that bullying falls within a "spectrum of seriousness" and ordered the redetermination of whether he engaged in serious misconduct.


FWC claim no excuse for refusing to address bullying

Workers should not refuse to resolve bullying at a workplace level just because they have an anti-bullying case underway, the FWC has found in dismissing a chief executive's claim against her husband during divorce proceedings, finding only a single instance of unreasonable conduct.


Workers walked "on eggshells" around supervisor: FWC

The FWC has found a supervisor's "grossly inappropriate" treatment of young subordinates amounted to a significant breach of his obligations and warranted his summary dismissal.



Anti-bullying claim a "waste of resources": FWC

It would have been "sensible" for a worker to take up the "generous support" offered by his employer, rather than filing an "unwarranted" anti-bullying claim, the FWC has ruled, finding a performance management plan, letter of expectations and a warning amounted to reasonable management action.


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