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Latest Workplace Acumen

‘Vexatious and venomous’ workplace bullying claim dismissed

Vexatious and venomous workplace bullying claim dismissed

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!

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Another workplace bullying claim dismissed

Another workplace bullying claim dismissed

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.

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Workplace Bullying report critical of ‘in denial’ management

Workplace Bullying report critical of ‘in denial’ management

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’.

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FWC gets gnarly with employer over sacking of web-surfing worker

FWC gets gnarly with employer over sacking of web-surfing worker

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. 

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Employee sacked for workplace fighting lands knockout blow

Employee sacked for workplace fighting lands knockout blow

Imagine conducting a workplace investigation thought to be watertight.

You’ve sacked two fighting employees.

But then you’re forced to give one his job back!

This employer was faced with that exact nightmare situation.

This recent dismissal decision from the FWC shows how an HR investigation into serious workplace misbehaviour can quickly go from bullet-proof to disastrous because of simple employer errors.

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FWC expels teacher’s workplace bullying claim

FWC expels teacher’s workplace bullying claim

As more and more workplace bullying claims flow in, employers are learning bitter sweet lessons about how the jurisdiction operates in practice.

Here, an employer has successfully avoided having its actions being exposed to the glare of the FWC’s anti-bullying jurisdiction.

This case reinforces the FWC’s jurisdictional requirements for bringing a workplace bullying claim and what employers need to know.

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