In rejecting the unfair dismissal claim of a childcare worker who said she resigned because of bullying, a senior FWC member has observed it is "unfortunately easy" to respond to performance management with counter-allegations.
A teacher claiming bullying "on a shocking scale" can proceed with his adverse action case after a full Federal Court found the lower court judge who dismissed the matter over mental health concerns failed to properly consider whether to appoint a litigation guardian.
A senior FWC member has delivered a withering assessment of a large employer's HR practises in handling the resignation of a worker told by a trainer he wasn't wanted because he was "black".
ClubsNSW is pushing back against a compliance auditor's sham contracting and defamation claims, while also pursuing him in another court for leaking an "alarming" board document to independent MP Andrew Wilkie.
A Salvation Army recruitment agency worker accused of threatening to break colleagues' fingers if they adjusted the air conditioning has failed to convince the FWC that her stress disorder and a delayed dismissal letter justified an extension of time.
A professional football club's chief operating officer is seeking $200,000 in damages after claiming that the employer unlawfully re-allocated some of his duties because of the time he devoted to his ill wife.
The A-League's newest club is being sued by its former team manager, who claims persistent bullying by the head coach - including being directed to wash the other man's dirty laundry - contributed to a mental illness.
The FWC has recommended a large employer's human resources department do a better job of supporting employees returning after injury, noting a nurse's failed bullying claim demonstrates the difficulties workers face when HR is not properly involved.
A worker sacked over performance and conduct issues has failed to establish a connection with his mental disability or that his employer took adverse action on the basis of his bullying complaints.
A senior FWC member says the tribunal cannot issue interim anti-bullying orders merely because there is a serious question to be tried, while it has made it clear to a worker that such an order is not a tool to prevent her dismissal until her matter is determined.
