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Small business, big price to pay: how recruiting the wrong “fit” can be a minefield
When hiring new staff, a thorough recruitment process can prevent you from hiring someone who ends up dividing the workplace and putting you in the red. Asking the right questions…
New 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…
Flawed 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. …
Toxic 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…
Bizarre “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…
Court 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…
Team leader who abused and harassed managers and staff at Christmas function found to be “unfairly dismissed”
The Fair Work Commission has found that a team leader who spent the evening of his work Christmas party intimidating and sexually harassing colleagues and telling superiors to “f–k off”…
Employee sacked for sexually harassing hotel staff outside of work hours: dismissal upheld
An employee, whose service was terminated after sexually harassing two hotel workers, has lost his unfair dismissal case before the Fair Work Commission. In February 2014, the seven-and-a-half year veteran…
Flushed away: dismissed portaloo driver reinstated after absence of sound performance management
The Fair Work Commission has reinstated a portable toilet delivery driver who was sacked for a safety breach. This is despite the employer claiming it no longer had trust and…
Anti-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…
Employee 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…
“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…
