Mediations
Federal police employee wins compensation battle after being intimidated, bullied and sexually harassed
An Australian Federal Police employee with more than 20 years experience has been awarded compensation by the Administrative Appeals Tribunal of Australia (AATA), after they found she had been intimidated,…
Read MoreSix steps for a successful workplace investigation
The spectre of an unfair dismissal case can haunt an organisation that does not handle dismissal carefully. This is one of many reasons that any workplace investigation conducted prior to…
Read More‘Clean desk’ policy performance management misconstrued as bullying
Employers need to be vigilant about creating fair and constructive workplace cultures that discourage bullying and discrimination. Ensuring that their leaders avoid certain management styles can reduce the risk of…
Read MoreNew bullying jurisdiction makes first finding, highlighting importance of flexible and rapid training for employees
In the first formal ruling since the inception of its January 2014 anti-bullying jurisdiction, the Fair Work Commission has found that two employees at a small real estate business were…
Read MoreFlawed investigation leads to compensation for employee sacked for inappropriate IP use
A senior HR consultant, who was sacked by her employer upon suspicions that she had copied confidential business information, has received compensation by order of the Fair Work Commission. …
Read MoreToxic workplace dispute on Facebook ends in tribunal: how mediation can help your organisation
A dispute between two employees at a Victorian State transport body spiralled out of control on Facebook and bounced into the Victorian Civil and Administrative Tribunal (VCAT). When the two…
Read MoreBizarre “bullying” case demonstrates need for better understanding of policies and performance management
Allegations of bullying can have major consequences for both employers and employees in terms of time, cost and impacts on workplace culture. In an unusual case, a clerical support officer…
Read MoreUnion official’s frightening and abusive outburst highlights need for bullying protocols
Union official’s frightening and abusive outburst highlights need for bullying protocols The Federal Court recently found that a union organiser’s verbally abusive reaction to the request that his meetings with…
Read MoreDisabled worker wins $180,000 damages after employer refuses to make reasonable adjustments
Disabled worker wins $180,000 damages after employer refuses to make reasonable adjustments A NSW government agency must pay a former employee more than $180,000, plus interest, for economic loss, pain,…
Read MoreCourt awards increased damages in sexual harassment case but rules investigation conducted properly
A landmark anti-discrimination ruling that set a new standard in sexual harassment payouts has also shown that damage to employers can be limited by a well-conducted workplace investigation. The…
Read MoreAnti-bullying order avoided after bosses reform behaviour
The FWC has declined to make an order against a radiology company found to have bullied an employee, saying its recent “careful attention to procedural fairness” made it unlikely its…
Read MoreEmployee verbally abuses boss in team meeting – dismissal upheld
A dockworker who called his boss a “d.ckhead” and a “c.ck” in front of his team has had his dismissal upheld by the Fair Work Commission. As a result of a…
Read More“You’re useless” – employee loses breach of contract claim despite abusive tirade from manager
A Victorian public servant who was verbally attacked by a manager, including being told he was a “piece of sh.t” and like “f.cking cancer”, has lost both a breach of…
Read MoreMentally ill employee wins adverse action discrimination case: Six pillars of wisdom to reduce and manage mental health issues in the workplace
A court has accepted that a transport company made an ill employee’s position redundant as part of a genuine restructure, but found it took unlawful adverse action when it detrimentally…
Read More“Fanciful” sexual discrimination and harassment claims rejected by Federal Court: what is sexual harassment?
The Federal Court has rejected a University academic’s sex discrimination claim, based on more than 50 alleged incidents over five years of employment, finding that she subjectively reconstructed “innocent events”…
Read MoreAggro manager uses LinkedIn as a tool of abuse – the importance of selecting employees who are the “right fit”.
Aggro manager uses LinkedIn as a tool of abuse – the importance of selecting employees who are the “right fit” The Fair Work Commission has refused to reverse the dismissal…
Read More“Where is your facial hair policy?” Dispute over beard ends in dismissal, court and payout
A court has found that a driver sacked in part for coming to work with a half-shaved beard was unfairly dismissed and awarded him $6000 compensation. The transport company’s director…
Read More“Toxic” husband and wife bully-fest ends in court: the importance of establishing a healthy workplace culture
A court has upheld a management consultancy’s sacking of a senior employee for her role in bullying her colleagues and creating a “toxic” work environment. It also found that they…
Read More“Treated like a slave” – is it bullying or managing?
A senior public servant who alleged his manager treated him like a “slave” has failed to win anti-bullying orders, with the Fair Work Commission finding the management of his performance…
Read MoreCEO swears at and dismisses employee – ruled as ‘unfair’ by Fair Work
A small business owner was found to have unfairly dismissed an employee after telling her to “f-ck off”. The Fair Work Commission ruled that the female employee was unfairly dismissed…
Read MoreRude text accidentally sent to boss: how to avoid poisonous office relationships
A dismissed employee has failed to convince the Fair Work Commission that an accidentally-sent text to her employer, in which she called him a “complete d-ck”, was a “lighthearted insult”.…
Read MoreFisticuffs, the sack and legal action after homophobic remarks – mediate before it’s too late
Fisticuffs, the sack and legal action after homophobic remarks – mediate before it’s too late An employer has had an expensive and time-consuming trip to the Fair Work Commission after…
Read MoreBullying round the clock: how out-of-hours social media activity can be a risk for employers
A recent Fair Work Commission Full Bench decision has further clarified when out-of-hours social media activity can constitute workplace bullying. Both port operator DP World and the Maritime Union of…
Read MoreExplicit phone porn: procedural investigation errors foil dismissal of sales manager
A company had a valid reason for sacking its sales manager, including the post-employment discovery of pornographic images on his mobile phone, but “substantial” procedural deficiencies made the dismissal unfair,…
Read More