Case law page 13 of 23

229 articles are classified in All Articles > Bullying > Case law


Qantas worker's "fundamental" conduct breach justified sacking: FWC

In the wake of the public spotlight on the Qantas "inclusive language" guidelines, one of its baggage handlers has failed to convince the FWC that tearing a colleague's shirt, shoving him against a locker and telling him to f-ck off back to his country were not sackable offences but rather a bit of "argy bargy" between friends, consistent with the workplace culture.

Bench absolves member of blame for "bullied" employee's distress

In a decision underlining the challenges for the Commission in managing vulnerable self-represented employees in its bullying jurisdiction, a full bench has rejected an employee's claim that a tribunal member's procedures were responsible for her mental distress.

Sacked manager seeks $15 million for mental injury, lost pay

As a former state manager's $15 million adverse action claim heads to the Federal Court in April, his employer has denied sacking him for taking sick leave, making bullying complaints or to avoid honouring contractually agreed incentives and bonuses.

Volunteer can pursue bullying claim

The FWC has cleared the way for a veteran's advocate to bring a bullying claim against RSL Queensland and 14 of its directors, after establishing that his volunteer services for one of its 240 sub-branches was in fact work performed for the constitutionally-covered state organisation.

CSL immune to misleading conduct, adverse action claims

An operations director who claimed a biotech giant offered her a job "until retirement" has failed to establish that it engaged in misleading and deceptive conduct or that it took adverse action by retrenching her the following year.

FWC lacks power to consider council's cross-bullying claims

The FWC has found that because an Adelaide council is not a constitutional corporation the tribunal cannot deal with cross anti-bullying orders sought by its acting chief executive and one of its elected councillors, but it says other councils might be trading corporations covered by its jurisdiction.

Alleged bullying was reasonable management action

The FWC has thrown out an aged care worker's anti-bullying claim, finding her employer had taken reasonable management action and carried it out in a reasonable manner, while she was the one with a pattern of inappropriate conduct.


Happy ending for worker sacked over JK Rowling book

The FWC has expressed "surprise" at the HR practices of a major courier company that dismissed a depot manager who was partially responsible for a breach of a worldwide embargo on a new JK Rowling book and was the subject of unfounded bullying allegations.

Tribunal rejects restraint bid in bullying case

The FWC has refused to take the "extraordinary step" of temporarily restraining an employer from appointing an employee to fill the role of an allegedly bullied worker.