A "critical and insensitive" manager who routinely swore at his subordinates in an attempt to motivate them to meet purported "German demands" has lost his adverse action case, with a court finding his behaviour warranted instant dismissal and he wasn't the victim of WHS breaches.
An employer has failed to prove it both tolerated and encouraged a worker's repeated safety complaints - which were an "ongoing source of frustration to management" - and they weren't the reason it summarily dismissed him after he shoved a colleague.
A major organisation partly run by BHP has been fined $120,000 for undermining safety protections, and ordered to pay compensation to labour-hire personnel who were targeted after exercising their workplace rights over a dimly lit area and lightning storms.
A court has rejected a worker's claim that her employer unlawfully threatened to lodge a workers' compensation claim, against her will, after she raised safety concerns affecting her mental health.
A worker has unsuccessfully claimed he was subjected to 15 counts of bullying and 13 forms of unlawful adverse action relating to his job responsibilities, with a commission finding all the alleged conduct was reasonable action taken in response to changed operational needs.
A court has rejected a CEO's claim that her employer engaged in a "witch hunt" to find reasons to sack her because she raised safety concerns at a board meeting. It also found that requiring her to obtain a medical certificate to show she was fit for work after she disclosed mental health issues did not constitute adverse action.
A commission has refused a worker stop-bullying orders in a case providing "lessons" on change management failures, which previously led to an organisation losing an adverse action case and being handed a $12,000 penalty.
The High Court has confirmed Qantas Airways Ltd took unlawful adverse action against 1,700 ground crew workers when it outsourced their jobs during the COVID-19 pandemic. The union that brought the case applauded the judgment, and highlighted a string of workplace safety issues that it claims arose from the outsourcing arrangement.
In an ongoing case involving a worker claiming she was bullied by being barred from working from home, a court has clarified when a person has a workplace right to expect their employer to comply with the Fair Work Act's anti-bullying provisions.
A worker who was treated poorly after he asked his boss not to call him a "c-nt" has been awarded at least $93,500, with a court highlighting the worker's rights under health and safety laws and finding his employer's decision to dismiss him was influenced by his complaint.