Browsing: Case law



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.


No beef with bullying claim: FWC

The FWC has confirmed that there are only two elements of the "broad" definition of a "worker" under anti-bullying legislation, in rejecting a challenge to an unpaid board member's eligibility to bring a claim.


Return-to-office direction not bullying: FWC

An executive on workers compensation for a "psychological injury" related to a stumble and strain while working from home has failed to secure stop-bullying orders against her employer and a HR business partner or establish they put her at risk by asking her to return to the office following a domestic violence incident.


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