Allegations made by an employee of workplace bullying are to be treated seriously, as a worker that is ‘bullied at work’ has a right to pursue a claim under s 789FD of the Fair Work Act 2009.   ‘Bullying’ of a worker under the Fair Work Act consists of the following elements: Repeated unreasonable […]

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Bryan Mueller, Bartlett Workplace WorkPac Pty Ltd v Skene – An authoritative but also challenging decision of the Full Court of the Federal Court The Full Court of the Federal Court decision, WorkPac Pty Ltd v Skene [2018] FCAFC 131, delivered on 16 August 2018, places an authoritative interpretation on the expression ‘casual employee’ in […]

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By Lauren Townsend (Special Counsel) The hard-fought Fair Work Commission (FWC) unfair dismissal dispute between Matthew Gosek and Illawarra Coal Holdings Pty Ltd T/A South32 came to an end last week [1], with the majority of the Full Bench deciding that although Illawarra Coal dismissed Mr Gosek for a valid reason, mitigating factors tipped the […]

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 By Bryan Mueller, Director of Workplace Litigation   In Fitzgerald v Woolworths Limited [2017] FWCFB 2797 (Fitzgerald decision) a Full Bench of the Commission examined the meaning and effect of s.596(1) of the Fair Work Act 2009(FW Act). Speaking broadly, that provision deals with the representation of persons who or which are involved in Commission […]

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In a first of its kind decision in the Fair Work Commission’s (FWC) anti-bullying jurisdiction, the FWC has issued an Interim Order preventing an employer from finalising disciplinary proceedings against, and terminating the employment of, a senior executive pending the outcome of her substantive anti-bullying application. Lauren Townsend examines the decision and what this means for […]

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