Discrimination and equity - Australian industrial relations and employment law news published by Workplace Express

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Lawyer loses adverse action, bullying case

Published: 12 June 2014 3:09pm

A court has found that a law firm acted quickly to investigate claims of harassment by one of its solicitors and was entitled to treat emails from her stating that the employment relationship had broken down as a resignation.

Accountant's sacking not due to exercise of workplace rights, says court

Published: 12 June 2014 11:18am

An accounting firm dismissed a client manager because of serious misconduct rather than the "several and various exercises of his workplace rights" in the lead-up to his dismissal, the Federal Circuit Court has found.

FWC refuses to accept bullying claim from state-covered worker

Published: 06 June 2014 1:47pm

The Fair Work Commission has thrown out a bullying claim by a government school teacher because neither the department nor state government are constitutional corporations.

Information Commissioner orders FWC to release CCTV footage

Published: 04 June 2014 8:44am

Privacy Commissioner Timothy Pilgrim has ordered the Fair Work Commission to give the Nine Network the CCTV footage relied on by the SA Rail Commissioner in an unfair dismissal hearing, finding that it was not exempt from disclosure under the Freedom of Information Act.

Court orders public prosecutions office to reinstate lawyer

Published: 02 June 2014 2:50pm

Victoria's Office of Public Prosecutions has been ordered pay a $10,000 fine and to reinstate a solicitor it subjected to unlawful adverse action when it stood him down then dismissed him for misconduct that "arose wholly" from his anxiety and depression.

Employee's dismissal ends bullying claim

Published: 28 May 2014 11:04am

The Fair Work Commission has dismissed an ANZ employee's application for an anti-bullying order, finding that his dismissal by the bank after he lodged his claim meant that he had no reasonable prospects of success.

Bullying ruling should relieve employer fears, lawyers claim

Published: 22 May 2014 1:35pm

A major law firm says the FWC's first ruling on the merits of a bullying application should calm employers' fears about the new jurisdiction, claiming that the tribunal has adopted "an extremely broad" interpretation of the exemption for reasonable management action.

First bullying decision defines "reasonable management action"

Published: 13 May 2014 3:32pm

In its first substantive ruling on the merits of an application under the new bullying jurisdiction, the Fair Work Commission has fleshed out the concept of "reasonable management action" in rejecting a manager's claim that she had been subjected to repeated unreasonable treatment by two of her subordinates.

MUA scab poster "extreme, offensive, cruel and abusive"

Published: 07 May 2014 10:13am

The Federal Court has ruled that the MUA took adverse action against five port workers when it distributed a poster calling them scabs for refusing to take part in a protected strike, finding its contents were worse than defamatory and invited the conclusion that they were "devoid of human dignity".

Xmas party breast-toucher gets job back

Published: 29 April 2014 3:32pm

A NSW public servant who admitted touching the breasts of five women during a 2012 Christmas party has won his job back after the NSW IRC found he was treated more harshly than a senior manager who was only demoted.

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