In an apparent win for employers, the FWC has dismissed an employee’s stop workplace bullying order application after he was sacked before his application could be heard.
Although the FWC’s decision turned on a technicality, the devil for employers is in the detail so it is not as comforting as it may seem at first glance.
A recent injunction has backfired on an employee who wished to be reinstated to his position.
Less than two months after gaining reinstatement, thinly veiled threats and explicit intimidation of co-workers left the Court with no option but to revoke the order.
The employer was also put under the spotlight – for failing to take timely and genuine attempts to prevent workplace harassment from occurring.
This cautionary tale highlights the risks of not investigating workplace bullying, or at least, failing to investigate properly.
The FWC has rejected a manager’s claim that she had been bullied by two subordinates.
In dismissing the application, a number of enlightening comments were made about the Fair Work Commission’s workplace bullying jurisdiction.
As clarification of workplace bullying legislation continues, employers must remain sensitive to the ways in which the legislation impacts on relationships between employees.
When faced with a violent and aggressive employee who has a history of threatening and anti-social behaviour, it is tempting to ignore established practices and cut procedural corners.
This employer was tested to its limit by an employee who tried ‘every trick in the book’ including intimidation of the HR investigators.
Find out how the employer and its HR investigators managed to stay on track despite extremely trying circumstances.