Bullying doesn’t excuse workplace misconduct

As repoted in lawyersweekly.com.au, the Federal Court's decision to uphold the dismissal of an employee, despite bullying allegations, confirms an employer’s right to take appropriate disciplinary action for workplace misconduct, an employment law expert has said.

Wharfie Steven Lambley’s unsuccessful Federal Court appeal to be reinstated after fighting on the job highlights that mitigating circumstances, such as bullying and intimidation, generally won’t support an unfair dismissal claim.

A managing principal of People & Culture Strategies said that “It doesn’t matter what your personal circumstances are, conduct is conduct and misconduct is misconduct. It’s the classic two wrongs don’t make a right.”

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