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.
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.
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".
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 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 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.