A bank's management of an under-performing lawyer fell short of "the best human resources practice" and was not "entirely beyond criticism", but did not constitute bullying under the Fair Work Act, a senior member of the Fair Work Commission has ruled.
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.
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 high-level FWC full bench will decide what constitutes being "at work" under the Fair Work Act's bullying regime after hearing argument this morning from three DP World workers, the company, the MUA, ACCI and the AiG.
Anti-bullying order restricts worker's exercise regime; Adult retail worker pay rates to stay; ILO challenge to Tasmanian IR legislation; and Federal government pilots new training programs.
The Fair Work Commission has given permission for an employer to have legal representation in a workplace bullying case, despite an objection from the employee who launched the action who argued the Commission's bullying jurisdiction is based on self-representation.
A senior member of the Fair Work Commission has told employers they need strong workplace conduct policies and grievance procedures and should select line managers with good interpersonal skills, to help them prevent bullying claims.
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.
