Browsing: FWC bullying jurisdiction


Bench rejects orders sought by investigator escorted from building

The head of a government agency's investigations unit has failed to halt an investigation into her own behaviour, an FWC full bench finding the tribunal required more evidence of alleged bullying before it could issue such orders.


Political bias claim sustains shaky unlawful sacking case

The FWC has over a university's jurisdictional objections allowed a professional officer's largely "incompetent" unlawful dismissal claim to proceed, inviting him to re-submit an application confined to alleged discrimination on the basis of political opinion.


"Inappropriate" Salvos worker fails to win time extension

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.


Anti-bullying ruling highlights HR department's "significant failure"

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.


Interim bullying orders not anti-sacking "tool": FWC

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.


"Big threatening scary man" comment not s-x bias: FWC

The FWC has rejected allegations that a female supervisor's description of a worker as a "big threatening scary man" amounted to s-xual discrimination, finding no evidence that he was treated less favourably because he was a male.


Complainant rails against bid to stop "excessive communications"

A doctor has failed to establish in an interlocutory claim that a federal agency was motivated by "ill intent" in dealing with her critical social media posts or complaints about its handling of her mental health condition.


Health risk cited as FWC issues "no yelling" anti-bullying orders

The FWC has taken a cautious approach in issuing an interim anti-bullying order restraining the co-owner and an employee of a retail business from belittling each other, suppressing identities amid "genuine health concerns" for both parties.


"Skilled and experienced" advocates win FWC's favour

The FWC has taken into account that a legally-qualified Qantas ER manager with experience appearing before the tribunal is not a seasoned advocate, in granting the airline's application for legal representation to defend an anti-bullying claim.


Bullying claim against charity enters "untested" territory

A major charity has been granted permission to use external lawyers against a self-represented foster carer in a complex case the FWC says may have broad consequences for the anti-bullying jurisdiction.


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