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


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.

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".