So much of our lives are lived online these days, and even workplace bullying has made the leap to cyberspace. As one recent case before the Fair Work Commission (FWC) illustrates, employers need to be vigilant about what happens both in the office and online, as bullying spills beyond the boundaries of the physical workplace […]
The Fair Work Commission (FWC) has issued a formal ruling for a Stop Bullying Order under section 789FF of the Fair Work Act. It’s the first formal ruling since the anti-bullying provisions of the Act came into effect on January 1, 2014. The Details of the case In the ruling on August 5, the […]
Have Casuals? Discrimination and Unlawful Dismissal DO Apply There are huge benefits to employers in having a workforce of casual employees. There’s no need to worry about leave entitlements, work hours can be changed at short notice, and it’s easy to shed or add staff depending on the needs of the business. Indeed, casualisation has […]
The perils of the office Christmas Party The office Christmas party. It’s a time of celebration, and an acknowledgement of all the hard work done by the team over the year. So what could possibly go wrong? Plenty for employers, as the recent decision in Keenan v Leighton Boral Amey Joint Venture demonstrates, especially when the […]
Overstepping the Mark: When Unions Act Too Far In our last post, we looked at the importance of properly investigating allegations in the case of Amiatu and Others v Toll Ipec Pty Ltd. This case is also a significant commentary on union representation, and what can happen when a union official oversteps the mark. Even […]
Think Employee Behaviour is clear cut? Sometimes, workplace incidents can seem straightforward to an employer – an employee has done something wrong, and action should be taken. But two recent cases before the Fair Work Commission (FWC) demonstrate the importance of properly investigating a matter and relying on sound evidence before taking action against an employee, […]
Performance Management or Bullying? Finding the Line Being a manager is a tricky business. Not only are you responsible for your team meeting its targets and goals, but you must manage employees with a diverse range of personalities and abilities. It’s often difficult to walk the line between effective management, and risking claims of […]
Reasonable Action? FWC ruling on Willis In a recent matter before Commissioner Lewin of the Fair Work Commission (FWC), some rather interesting findings were made around the question of ‘reasonable management action’. The case in question, Willis v Gibson & Anors, highlighted the reality that a jurisdictional challenge made upon such a basis will be […]
Workplace Bullying and the Meaning of “At Work” The full bench of the Fair Work Commission (FWC) recently conducted a detailed analysis of the phrase ‘at work’ relevant to workplace bullying. The findings provide an insight into the possible meanings of this deceptively simple term. And with the advent of social media as a means of […]
Shades of Grey: Raunchy Material and the Lessons From Shea In the recent costs hearing for Shea v EnergyAustralia Services Pty Ltd, Federal Court Justice Jessup helpfully took the opportunity to summarise the findings of Justice Dodds-Streeton regarding the original unfair dismissal proceedings. There, Ms Shea had unsuccessfully sought relief against alleged adverse action […]