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10 Common Mistakes With HR Investigations

Huge payout after ‘sex, lies and workplace bullying’

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An employer has found out the hard way, the risks associated with failing to protect a worker from systematic workplace bullying and sexual harassment. Rather than taking a worker’s complaint seriously, the employer failed to address issues which a Court later considered could have been avoided by “relatively simply means”.
Continue Reading Published in General, News Centre, Sexual Harassment, Workplace Bullying

‘Go ahead and sack me’ threat backfires before FWC

'Go ahead and sack me' threat backfires before FWC
'Go ahead and sack me' threat backfires before FWC When two employees engage in workplace warfare, the employer's business can become major collateral damage. A recent unfair dismissal case showcases a clever framework adopted by an employer in an attempt to end a workplace dispute. As the dispute worsened, one of the workplace disputants even goaded her employer to sack her. Was the employer being lured into a carefully laid trap? Did the employer fall for it? Read on to find out...
Continue Reading Published in General, News Centre, Workplace Bullying

FWC Workplace Bullying Order – A Nightmare on Employer Street?

FWC Workplace Bullying Order - A Nightmare on Employer Street?
FWC Workplace Bullying Order - A Nightmare on Employer Street? A recent Stop Bullying Order by the FWC serves as warning to employers of the broader burden that an order could impose on their workplace and potentially, their management prerogative. The FWC’s Order not only restricted the workplace interaction between the parties, it went so far as to restrict work attendance times and face-to-face communication. Read on for our analysis of the FWC's Order and our tips for preventing it happening to you.
Continue Reading Published in General, News Centre, Workplace Bullying

Workplace Bullying Annual Report Stats – Devil in the Detail?

Workplace bullying annual report stats - Devil in the Detail
Workplace bullying annual report stats - Devil in the Detail The Fair Work Commission’s annual report has revealed interesting statistics about the bullying claims brought in the first 6 months of the new anti-workplace bullying jurisdiction. Although some commentators have downplayed the number of bullying claims lodged, the FWC’s General Manager has warned that it is “still too early” to draw conclusions about the Commission’s likely workloads in the workplace bullying jurisdiction. The risk remains for those employers who write off the bullying jurisdiction as 'much ado about nothing'. Read on for our analysis.
Continue Reading Published in News Centre, Workplace Bullying

Sacked worker’s c-word abuse & ‘blame game’ crashes before FWC

Sacked worker's c-word abuse & ‘blame game’ crashes before FWC
Sacked worker's c-word abuse & ‘blame game’ crashes before FWC A disgruntled, sacked employee received more than he bargained for when he took his dismissal to the Fair Work Commission. The employee’s claims of harassment, intimidation and bullying at the hands of his employer failed to impress the FWC, especially when the tribunal heard details of the employee’s insubordinate and abusive conduct towards management. Read on to find out what the employee did and what the FWC said about it - including the employee’s use of the c-word.
Continue Reading Published in General, News Centre, Workplace Bullying

Unfair dismissal despite workplace fight not ‘handbags at ten paces’

Unfair dismissal despite workplace fight not ‘handbags at ten paces’
Unfair dismissal despite workplace fight not ‘handbags at ten paces’ The FWC has unleashed a scathing attack on this employer’s HR department for leaving two inexperienced employees in charge of a workplace investigation that resulted in the summary dismissal of an abusive employee who had physical contact with a co-worker. Despite having a valid reason for the fighting employee’s dismissal, a range of additional circumstances made the summary dismissal ultimately unfair. The moral of this story is that an employer must not forget fair procedural requirements, even when a dismissal appears more than justified.
Continue Reading Published in Assault & Fighting, News Centre, Other Misconduct, Workplace Bullying

‘Vexatious and venomous’ workplace bullying claim dismissed

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!
Continue Reading Published in News Centre, Workplace Bullying

Another workplace bullying claim dismissed

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.
Continue Reading Published in News Centre, Workplace Bullying

Workplace Bullying report critical of ‘in denial’ management

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'.
Continue Reading Published in News Centre, Workplace Bullying

FWC expels teacher’s workplace bullying claim

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.
Continue Reading Published in News Centre, Workplace Bullying