In the wake of the public spotlight on the Qantas "inclusive language" guidelines, one of its baggage handlers has failed to convince the FWC that tearing a colleague's shirt, shoving him against a locker and telling him to f-ck off back to his country were not sackable offences but rather a bit of "argy bargy" between friends, consistent with the workplace culture.
In a decision underlining the challenges for the Commission in managing vulnerable self-represented employees in its bullying jurisdiction, a full bench has rejected an employee's claim that a tribunal member's procedures were responsible for her mental distress.
As a former state manager's $15 million adverse action claim heads to the Federal Court in April, his employer has denied sacking him for taking sick leave, making bullying complaints or to avoid honouring contractually agreed incentives and bonuses.
The FWC has cleared the way for a veteran's advocate to bring a bullying claim against RSL Queensland and 14 of its directors, after establishing that his volunteer services for one of its 240 sub-branches was in fact work performed for the constitutionally-covered state organisation.
An operations director who claimed a biotech giant offered her a job "until retirement" has failed to establish that it engaged in misleading and deceptive conduct or that it took adverse action by retrenching her the following year.
The FWC has found that because an Adelaide council is not a constitutional corporation the tribunal cannot deal with cross anti-bullying orders sought by its acting chief executive and one of its elected councillors, but it says other councils might be trading corporations covered by its jurisdiction.
The head of the FWC's bullying jurisdiction and a public service commissioner who oversees implementation of domestic violence workplace policies say they have ditched labels and are using more empowering approaches to dealing with domestic violence and bullying.
The FWC has thrown out an aged care worker's anti-bullying claim, finding her employer had taken reasonable management action and carried it out in a reasonable manner, while she was the one with a pattern of inappropriate conduct.