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Category Archives: Harassment & Workplace Bullying

Employment Update – July 2018 – Workplace bullying, performance management, and dismissals being effected “in person”

This month we examine a case which considered the definition of bullying and also commented on what constitutes reasonable performance management. We also briefly look at a case where an employer dismissed an employee by email. What constitutes bullying under the Fair Work Act 2009 The Fair Work Commission recently dismissed an anti-bullying order sought…

After-hours threat made by manager constitutes serious misconduct

A manager has been found to have engaged in serious misconduct after threatening to touch a female colleague’s vagina. The conduct occurred at a team building event. During the event, the Applicant (a manager) is alleged to have become aggressive towards a female colleague.  One of the other the employees who witnessed the Applicant’s conduct…

FWC upholds dismissal of bully, despite no formal complaint

In this case, the Applicant was dismissed for bullying a colleague.  In the incident that led to the termination, it was alleged that the Applicant, together with two other employees, upon leaving the workplace “…deliberately drove their cars in such a way to block [the victim] from being able to make a right hand turn…

Mentor sexually harassed co-worker but employer not liable

The Northern Territory Anti-Discrimination Commission has recently handed down a decision that has a number of lessons for employers.  In this case, some of the conduct undertaken by the respondent employee was found to be sexual harassment of the complainant; some of the conduct was found to have no connection with the complainant’s employment; and…

FWC rejects workplace bullying claim and dismisses unfair dismissal application

The Fair Work Commission has dismissed an unfair dismissal application made by an employee involved in a physical altercation with another employee.  The feature of this claim was that the Applicant proceeded to claim that he had been the victim of workplace bullying. In short, after a verbal exchange between the Applicant and another employee,…

Formal ‘stop bullying’ order made by FWC

The Fair Work Commission has handed down a rare ‘stop bullying’ order after a formal finding that two employees had been bullied. The employees of a small real estate business each made an application for an order to stop bullying. The employees alleged bullying conduct by a particular Property Manager, who was subsequently relocated to…

Formal ‘stop bullying’ order made by Fair Work Commission

The Fair Work Commission has handed down a rare ‘stop bullying’ order after a formal finding that two employees had been bullied. The employees each made an application for an order to stop bullying under s.789FD of the Fair Work Act 2009 (Cth) (Act).  They were employees of a relatively small real estate business which…

FWC: Bullying, verbal abuse and sexual harassment did not justify dismissal

This is another case that reminds employers again about the risks associated with providing employees with access to unlimited alcohol at workplace functions.  In this case, the employer was found to have unfairly dismissed the employee despite a long list of incidents at the workplace Christmas party and the subsequent after party. Background The behaviour…

Employee resigns, and then wins unfair dismissal case

A bus mechanic who resigned from his employment with his employer has been found to have been unfairly dismissed by the Fair Work Commission. In his resignation letter, the employee cited an unacceptable working environment (bullying, harassment and intimidation) and dangerous behaviours (deliberate sabotage of buses) as the reasons for his resignation. The resignation was…

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