r/HRAustralia

Just seeking some advice. I work in insurance and we are undergoing some major restructures.

I’ve recently filed a grievance, documenting factual examples, times, dates etc against a long time manager of mine, who has a record of unprofessional and at times confrontational behaviour. I have screenshots and factual proof in line with the company’s grievance policy. Boss is 60 years old also.

Outcome documented- new reporting like probably best.

My view is not for HR to side with anybody, but this manager is creating a psychosocial risk for employees and therefore potentially a risk to the company (as well as a risk to me).

How will this likely be handled does anyone know? Our current HR is a brand new HR and not from the old structure. New people and they pride themselves on a very good workplace culture. No loyalties as they don’t know anyone from my office (different state based).

They’ve acknowledged my complaint. There was also a prior complaint a few years back, but it never went anywhere.

Thank you !!

I’ve been following the recent Lewis v Essential Energy [2026] FWC 252 ruling, and quite frankly, I struggle to accept the rationale for the decision.

For those who haven't tracked it: An employee with 16 years of service had a massive outburst. He called a colleague a "f---ing dog," threatened to "punch his head in," and suggested he'd see him outside. The FWC found that while this was "serious misconduct" and a "valid reason" for dismissal, the firing was "harsh" because the employee was dealing with immense personal trauma (terminal family illness). They ordered him to be reinstated.

This maybe an unpopular opinion, but I think this ruling is a massive step backward for workplace safety.

Here is why I’m struggling with it:

1. WHS Laws are absolute: Employers have a legal obligation to provide a safe workplace for all employees. If a worker makes physical threats, the employer’s primary duty is to the person being threatened. How can you guarantee safety if the person who made the threat is back at the desk next to them a month later?
2. Policy Erosion: If "personal stress" becomes a legal excuse for breaking a Code of Conduct, where do we draw the line? Most of us are stressed. Most of us deal with grief. We don't all threaten to assault our colleagues.
3. The Precedent: Does this make "Zero Tolerance" policies legally toothless? If an HR department can’t fire someone for an explicit threat of violence without being overturned, how do we maintain a professional culture?

I’m all for mental health support and EAP programs, but I don’t believe mental health should be a "get out of jail free" card for behaviour that makes others feel unsafe.

What do you think? Is the FWC right to prioritise "humanity" and long service over strict policy? Or does this ruling undermine the very safety laws that are supposed to protect us?

I’m an HR Manager looking for recommendations for a reputable external workplace investigator. We’ve received a complaint involving a member of our small HR team, and need to engage an external investigator.

I'd prefer an agency with a strong reputation and processes and a good turnaround time, as it’s very time sensitive.

I’ve never engaged an external investigator before, so any personal experiences, recommendations, or HR companies to avoid would be really helpful.

Usually, I get the typical “I am feeling stressed and this is making me feel stressed,” but there was a case my manager dealt with yesterday while I was on AL.

Employee was invited to a disciplinary meeting (potentially a written warning outcome) then an hour later started telling people they are suicidal etc.

I am curious as to how people in HR would deal with this if they have experienced this.

I always find attitude quite subjective. How would you manage a scenario where a manager has made claims that an employee was giving them attitude? Or just claims of bad attitude in general.

For example, a step-in management has given a direction for an employee to attend a different team meeting as the employee was late to work and couldn’t attend their one. The employee does attend but makes comments of, “I already know what the meeting is about,” and the employee is being perceived as argumentative and dismissive by management.

My manager handled this case and went straight for disciplinary action to a written warning. I read the notes made in the meeting and it seemed the employee was advising they knew what the meeting will be about as their team gave them a heads up.

I always found attitude to be subjective unless there’s observable behaviour. This employee has a personality and communication clash with management - they’re both blunt individuals.

There were no prior concerns about the employees attitude or behaviour and no discussions were had. No one else had reported the behaviour. My manager said she based the information on how trustworthy management is.

I am curious as to how you guys deal with ER cases based around attitude.

I feel this would be more a coaching session more than a write up.