The Fair Work Commission has held that while sacked workers' anti-bullying claims are likely to fail, it could be appropriate to hold them "in abeyance" if the workers were "actively" contesting their dismissal.
The Fair Work Commission has ruled that a childcare worker who received "heavy handed" treatment from her boss and intolerance and low-level anger from a colleague was not bullied under the Fair Work Act, but has recommended that the employer improve its performance management process.
Stevedoring giant DP World was entitled to summarily dismiss an MUA delegate who called a colleague a "f--king lagger" and instructed another worker to lie in a related investigation, and the sacking did not amount to adverse action, the Federal Court has ruled today.
The FWC has again refused to suppress the names of an employer and workers facing allegations of bullying, finding that the principle of open justice meant it shouldn't make confidentiality orders.
A senior public servant who claimed his manager told him to "go back where you came from" and treated him like a "slave" while trying to force his dismissal has failed to win anti-bullying orders, with the Fair Work Commission finding his performance was managed in an "ordinary fashion".
A part-time HR manager's bullying claim against her chief executive backfired when her employer discovered while investigating her complaint that she had been using its resources to do work for other organisations.
A new report from a major employment law firm predicts that the Senate will pass the Abbott Government's Fair Work Act and building industry amendments, suggests the next reforms will be limits on industrial action and productivity requirements for enterprise agreements, and highlights the lower than expected activity in the FWC's anti-bullying jurisdiction.
An employer subject to a bullying claim has told the Fair Work Commission that the new laws need a "filtering" mechanism to protect "innocent parties" from their abuse.
The Fair Work Commission has refused to suppress the name of an employer and an individual subject to a bullying claim, but has warned the employee that its ruling is not a green light to publicly reveal their identity before the hearing.
The Fair Work Commission has warned employees who believe they are being bullied that they are not immune to normal expectations that they comply with workplace policies and practices.
