In Edmonds v Inghams Enterprises Pty Ltd [2011] FWA 7244, a female worker was summarily dismissed for pushing a colleague after their trolleys collided. There was a history of aggressive conduct by the employee towards her colleague which was in breach of the employer's bullying and harassment policy and had led to a final warning being issued against her. FWA upheld the dismissal, despite criticising the employer for its poor management of the situation. It suggested that the situation may have been avoided if they had been able to resolve their differences through mediation.
Subject of course to resources, it is worth bearing in mind that intervention at an early stage may help to defuse such situations. Such intervention may be incorporated in the Bullying and Harassment policy itself or within any relevant Grievance Procedure.
For more information about this update or any other employment matters, please contact Tim Lethbridge or Kylie Wilmot on (08) 9321 3755.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Kott Gunning is a proud member of 
