Legal page 566 of 569

A tribunal has found that an employer's failure to formalise an employee's flexible work arrangements to meet her caring responsibilities led to her seeing them as an entitlement rather than a privilege, and any attempts to change them as workplace bullying.

The FWC is expecting a "significant number" of bullying applications and inquiries next year and has released a model for dealing with them and a draft benchbook, as well as announcing Commissioner Peter Hampton's appointment as the head of its anti-bullying panel.

A highly-paid Geelong-based anaesthetist has lost his job for a second time after a senior FWC member found that his conduct following his reinstatement in February had contributed to the destruction of his employer's trust in him.

United Voice has asked the Fair Work Commission to order Glad Cleaning Services Pty Ltd to produce employment records for cleaners at several Melbourne CBD offices, after allegedly overhearing the company's HR manager on a mobile phone during a tram ride admitting Glad removed documents before a union inspection.

Sexually explicit text messages between two colleagues in a relationship were found to be inadmissible in an adverse action case because it couldn't be concluded that the "author would be likely to replicate in the workplace the content, tone or subject of text messages which were indisputably intended to remain private".

An employee suspended for refusing to work from home while his bullying allegations were investigated has failed in his bid to rely on state whistleblower legislation to secure injunctions against further disciplinary action, including his sacking.

The Federal Court has ruled that a betting agency employee's ability to seek legal advice about unpaid commissions was a "workplace right" and that when she threatened to exercise it, her employer took adverse action against her by threatening to sack her.

FWC rules it has no jurisdiction to hear stand-down case; Linfox's 11th-hour offer avoids finding that alternative jobs not suitable; FWC delivers on pizza chain's transfer of business; and Full bench overturns changes to modern health award.

The Federal Circuit Court has found a rail company took unlawful adverse action when it dismissed a locomotive driver who became sick and anxious and couldn't go through with a competency assessment six weeks after he was involved in a crash.

Pilots union seeks rule change to cover Qantas subsidiary; & Thomson's lawyer says concessions a "fabrication"