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After being sacked for conduct including swearing at his Leading Hand, this employee thought he would be able to overturn his dismissal by going to the Fair Work Commission.
Unfortunately for the sacked employee, the FWC rejected the employee’s unfair dismissal claim, despite evidence from both the employer and the employee that the use of swear words had been common in the workplace.
Find out more about the distinction the FWC made between ‘descriptive language’ and the employee’s unacceptable workplace swearing; and importantly, how it was applied.read more
The Fair Work Commission’s annual report has revealed interesting statistics about the bullying claims brought in the first 6 months of the new anti-workplace bullying jurisdiction.
Although some commentators have downplayed the number of bullying claims lodged, the FWC’s General Manager has warned that it is “still too early” to draw conclusions about the Commission’s likely workloads in the workplace bullying jurisdiction.
The risk remains for those employers who write off the bullying jurisdiction as ‘much ado about nothing’.
Read on for our analysis.read more
HR investigators often encounter evasive answers and dishonest responses from alleged wrongdoers during workplace investigations.
Knowing how to deal with dodgy behaviour and understanding its impact on an HR investigation is an essential requirement for skilled HR professionals.
In a recent unfair dismissal case, the FWC when faced with a sacked worker’s “farrago of lies”, handed out invaluable guidance for dealing with employee dishonesty during an HR investigation.read more
A disgruntled, sacked employee received more than he bargained for when he took his dismissal to the Fair Work Commission.
The employee’s claims of harassment, intimidation and bullying at the hands of his employer failed to impress the FWC, especially when the tribunal heard details of the employee’s insubordinate and abusive conduct towards management.
Read on to find out what the employee did and what the FWC said about it – including the employee’s use of the c-word.read more
A recent unfair dismissal decision of the FWC has yet again highlighted the importance of following a proper procedure when conducting a HR investigation into employee misconduct.
Despite serious improper behaviour being committed by the employee in question, the HR Manager’s manner of conducting the investigation didn’t fare well before the FWC.
Find out how it all went wrong for this employer.read more
The FWC has unleashed a scathing attack on this employer’s HR department for leaving two inexperienced employees in charge of a workplace investigation that resulted in the summary dismissal of an abusive employee who had physical contact with a co-worker.
Despite having a valid reason for the fighting employee’s dismissal, a range of additional circumstances made the summary dismissal ultimately unfair.
The moral of this story is that an employer must not forget fair procedural requirements, even when a dismissal appears more than justified.read more
An employee has been unsuccessful in obtaining a stop bullying order against her General Manager.
However coming to that conclusion was difficult according to the FWC.
In the employee’s favour, the FWC conceded that much of the behaviour experienced would have caused her stress and distress.
Fortunately for the employer though, most of it came within the ‘reasonable management action’ defence to workplace bullying.
This case is a must-read for managers and supervisors!read more
An employer has successfully defended a claim of workplace bullying by relying on the reasonable management action defence.
With more workplace bullying decisions coming through from the Fair Work Commission, employers are receiving much needed practical guidance about the operation of the new bullying laws and when their management actions will be considered reasonable.read more
Despite a national agenda to eradicate workplace bullying through the Fair Work Act’s new bullying laws, many state government employees remain at the mercy of complicated and sometimes ineffective state based practices.
A recent parliamentary report has highlighted the pitfalls of this divided system and calls for more legislation to help bridge the gap.
The report seemed to confirm that when it comes to a culture of workplace bullying a ‘fish’ really does ‘stink from the head down’.read more
The Department of Defence found its workplace investigation of an IT worker and subsequent dismissal under fire from the Fair Work Commission.
Despite relatively serious allegations of excessive personal internet use in the workplace, when the employer’s HR investigation was put under the FWC’s microscope a number of fundamental flaws were exposed.
An important lesson for any employer who wants to be able to stop employees whiling away their work hours surfing the internet.read more