Browsing: Case law


Unreasonable to stymie reporting of safety issues: FWC

The FWC has thrown out a gym attendant's bid for anti-bullying orders, but not before giving his former employer Spotless some advice on how to better respond to complaints and not "overstep" the mark when restricting the reporting of safety concerns.


Lawyers' alleged settlement deed doesn't pass muster: Court

Two senior corporate lawyers will resume their pursuit of millions in compensation from Super Retail Group after the Federal Court rejected their claims that an enforceable settlement had already been agreed, while a full court will soon separately hear the employer's appeal aimed at suppressing details of its settlement offer.


DEWR managers did not bully "exceptionally difficult" lawyer

A lawyer who failed to follow "the most basic of instructions" during FWC proceedings and proved to be "exceptionally difficult to deal with", experienced reasonable management action rather than bullying when DEWR raised issues about his tardiness, falling asleep in meetings and delays in producing work.


Deputy PM's staffer loses patience after 200 days

Deputy PM Richard Marles' chief of staff today called for changes to practices used by the new Parliamentary Workplace Support Service, as she launched an adverse action claim against him and the PM's chief of staff over alleged bullying and victimisation within her workplace.



FWC rejects second recusal claim from "bullied" worker

In a case that underlines the Commission's challenges in dealing with self-represented parties, a FWC member has refused to step back from hearing an anti-bullying claim, finding that a worker's 18 grounds for recusal, including the "unjust removal" of the worker's advocate from a hearing, had "no logical connection" with any possibility of bias.


FWC member did not "badger" anti-bullying applicant

A FWC member has rejected claims that she "badgered" a worker seeking anti-bullying orders after establishing that, contrary to his version of events, he would not be required to provide supporting documents until he "pressed the button" on arbitration.


FWC reaffirms its anti-bullying boundaries

The FWC has told two drone operators to trim their anti-bullying claims against officers from regulatory authority CASA after emphasising that its jurisdiction does not extend to picking over another body's administrative decisions in isolation.


Remote manager should rethink message-only communication: FWC

Misinterpretation of "curt or abrupt" messages between a remote manager and worker and "unhelpful" accusations of "frivolous and vexatious" complaints did not amount to bullying, but the manager might have needed support to better supervise his remote team, the FWC has found.


Worker misled FWC about job offer

A FWC member has permitted an anti-bullying hearing to go ahead despite her concerns that the worker and her representative misled the tribunal when they denied that the worker had accepted a job offer.


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