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Transfer to vulnerable position before redundancy not adverse action

Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.

Bench upholds sacking for racist comments

Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.

Company ordered to pay $1.3 in damages for bullying, harassment

A construction company - which came to the attention of the Heydon Royal Commission for paying AWU membership fees on behalf of employees, even if they were not members - has been ordered to pay $1.3 million in damages after admitting it failed to prevent a female labourer being s-xually harassed and bullied by her workmates.

Mentally-ill employee unfairly dismissed: FWC

An employee who threatened to "go postal" in the workplace was unfairly dismissed, because he was mentally unwell, the Fair Work Commission has ruled.

FIFO worker punched at pub was on the job: Court

A fly-in, fly-out employee can claim workers' compensation for injuries a violent co-worker inflicted outside working hours at a BHP Billiton mining town's pub, because he was there due to his job, a full Federal Court has ruled.



Police charge Cbus employees with giving false evidence; & more

False evidence charges for Cbus employees; Unions target rural MPs and crossbenchers on penalty rates; Surgeons' action plan aims to reduce discrimination, bullying; Victoria backs family violence education program in workplaces; and Essendon to admit supplements program breached safety laws.

Bullying down in NSW public sector: Report

Bullying complaints by NSW public sector employees appear to be falling from an "unacceptably high" level, along with associated compensation claims, while the government is in the final stages of developing an anti-bullying "dashboard", according to a new report from the state's Public Service Commission.

Australia Post vicariously liable after failing to uphold its "exemplary" standards

A court has found Australia Post vicariously responsible for the actions of a supervisor because it failed to enforce its "exemplary" anti-discrimination policies after complaints that he racially abused a delivery driver, calling him a "f---ing black bastard" and telling him to go back to where he came from.