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182 articles are classified in All Articles > Bullying > FWC bullying jurisdiction


Employer's inaction can provide basis for adverse action: Court

A court has struck out pleadings by an ASX-listed investment company's portfolio manager that his employer's "privileged" conduct in an FWC conciliation conference breached adverse action provisions, while confirming inaction can also fall foul of them.

Judge's reasons "a disordered stream of consciousness"

A full Federal Court has ordered a retrial of a recruitment company employee's adverse action case, finding a Federal Circuit Court judge failed to provide adequate reasons for throwing it out.


One Nation and Coalition block "positive duty" change

The Morrison Government has relied on Pauline Hanson's One Nation to defeat Labor and Greens amendments to the Respect@Work legislation that would have imposed a positive duty on employers to take reasonable steps to prevent workplace sexual harassment.

Lawyer permitted in anti-bullying case to avert "scarring"

The FWC has granted external legal representation to an employer and one of its employees accused of bullying involving s-xual impropriety, after differentiating between matters where allegedly bullied workers are still employed and dismissal cases where in-house representatives can argue for the employer "as fiercely as they see fit".


FWC seeks delay for anti-harassment orders

The FWC has asked the Morrison Government to delay its proposed new capacity to make anti-sexual-harassment orders to give it time to prepare for a flood of applications, in an echo of a call it made eight years ago before the introduction of the anti-bullying regime.

Bill empowers FWC to make anti-harassment orders

The Fair Work Commission will be able to make a "stop sexual harassment order" after a single incident under legislation introduced today to implement some of the recommendations from Sex Discrimination Commissioner Kate Jenkins' Respect@Work report.

Privilege affected by lawyer's "misrepresented" interview: Bench

In a decision exploring legal privilege in anti-bullying cases, a FWC full bench has found an employer disingenuously misrepresented the purpose of an investigation to justify directing its operations manager to participate in a compulsory interview "at pain of dismissal".

FWC presidential member "descended into the arena": Bench

An FWC full bench has quashed the decisions of a presidential member who refused to recuse himself before finding Regional Express executives bullied an engineer, holding he mistook legal principles and engaged in "entirely unjustified and inappropriate criticism".