An employer that sacked a male worker for abusing a female colleague - his former lover - but didn't sack the colleague when she behaved in the same way, has been ordered to reinstate the man.
A workplace manager's application for stop-bullying orders against her employer and a subordinate has been rejected, with a Commissioner stressing that "reasonable management action" has a "wide meaning" under the Fair Work Act's anti-bullying provisions.
A recent case involving a worker who was awarded $240,000 in damages - after being bullied for just 11 days - demonstrates how important it is to proactively respond to all workplace bullying complaints, according to employment and safety lawyer Hedy Cray.
A NSW employer should have considered fining, demoting or counselling a worker instead of sacking him after he squeezed five women's breasts at a work Christmas function, the IRC has ruled.
Workers in the clerical and retail industries lodged the most applications for stop-bullying orders in the first three months of 2014, according to the Fair Work Commission's first anti-bullying quarterly report.
An employer that ignored a worker's "clear signs of distress", and then told her she had to return to a role where managers bullied her, has been found liable for her psychological injury.
The Fair Work Commission should place little weight on workplace bullying investigations - when determining anti-bullying applications - unless it is satisfied the investigation was conducted "rigorously, impartially and independently", a leading employment lawyer says.
The Fair Work Commission has outlined a number of working arrangements that aren't covered by its anti-bullying jurisdiction or the model WHS Act, in rejecting a carer's application for stop-bullying orders against Centrelink employees.