Position of Employee after Bullying Complaint

Once an employee has complained of feeling bullied and harassed, an employer needs to be very careful about where they place that employee and with whom they are directed to work…

“I am satisfied that while asking an employee to return to their substantive position at the end of a temporary secondment would ordinarily be reasonable administrative action, in this case it was not reasonable given the past history and the likely reaction of Ms Kosteski, of which the employer was on notice.”

http://www.austlii.edu.au/au/cases/cth/aat/2014/217.html

Refusing Overtime on OHS Grounds

Recent decision of the Fair Work Commission – finding that employees were entitled to refuse to accept overtime on OHS grounds particularly taking into account fatigue and excessive hours worked over a period of weeks

Employers take note of the need to ensure that any overtime or reasonable additional hours employees are asked to work does not put their health at risk from overwork and fatigue.

https://www.fwc.gov.au/documents/decisionssigned/html/2014FWC2467.htm