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.
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’.
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.
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.
