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189 articles are classified in All Articles > Bullying > Case law


Contractor claims trade group breached workplace rights

An independent contractor is in an adverse action case accusing the Australia Arab Chamber of Commerce and Industry of openly terminating her consultancy agreement because she took bullying complaints against its chair to the FWC.

FWC approves use of failed bullying case material in court matter

A FWC presidential member has over the objections of an ASX-listed company permitted a portfolio manager to use confidential material from his failed bullying matter in a Federal Court adverse action case brought against his former employer.

Bullying ruling exposes flaws on both sides

In an "unusual" case against a senior HR officer and an operations manager accused of bullying an area manager who "over-reacted" to a restructure, the FWC says it will close the matter if all agree to a host of recommendations or it will seek more evidence to continue the case.

FWC rebuffs employer bid for "bullied" worker's medical records

The FWC has refused to order a worker's general practitioner to hand over medical records as it considers her anti-bullying case, noting that even if the information is relevant, requiring it might have a "harmful impact" on her health and wellbeing.

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.

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".

Listed company's $5m adverse action payout quashed

A full Federal Court has quashed a software company's $5.2 million general protections payout and ordered a retrial after finding that the judge in awarding record compensation to the former Victorian state manager failed to provide adequate reasons in his 350-page decision.



Manager seeking $200K was in cahoots with rival: Ex-employer

A former United Petroleum business sales manager who claims she was sacked for filing a workers' compensation claim and complaining of bullying was in fact ousted for trying to poach its clients and set up a rival business, the fuel retailer alleges.