| Summary |
UNJUSTIFIED DISADVANTAGE – Applicant claimed bullied by co-worker (“H”) – Applicant claimed raised issue with manager (“M”) but matter not rectified – Applicant also claimed losing employed position because aspects of work being allocated to co-worker – Applicant claimed H generally spoke in rude manner, unhelpful in responding to work enquiries, referred to applicant as “the dragon”, and constantly called applicant useless – H denied bullying or treating applicant badly – H argued had poor relationship with applicant as incompetent, unfocused, and did not deal appropriately with own work – Authority found H passionately committed to respondent but completely intolerant of people he considered less able – Authority found substantial evidence from co-workers that H a bully with poor people skills – Authority satisfied on balance of probabilities H bullied applicant – Applicant claimed raised issues with M on numerous occasions but confirmed did not use word “bullying” in communications with M – Applicant claimed put concerns in letter to M – M argued never received letter – Applicant resigned – Authority satisfied applicant did everything that reasonably could to seek help from respondent to resolve bullying issue – Found M knew was investigating “bullying” allegation because used word in answers at investigation meeting – Authority found more likely M already on notice difficulties with H’s interpersonal skills given evidence provided by co-workers – Found M must have known something amiss with H’s behaviour but unreasonably influenced by H’s talent as tradesman and applicant’s difficulties in delivering outcomes – Authority found applicant unjustifiably disadvantaged as respondent did not deal properly with applicant’s complaint, investigation fatally flawed, and knew or ought to have known H’s interpersonal skills deficient – Remedies – Authority found $7,500 compensation appropriate – UNJUSTIFIED DISMISSAL – Constructive dismissal – Authority found failure by respondent to respond to bullying allegation in timely fashion a breach causing foreseeable consequence of forced resignation – Remedies – Authority found as applicant not given reasonable opportunity to answer faults issues can have no bearing on grievances – Authority found $12,000 compensation appropriate – Found applicant entitled to $13,000 reimbursement of lost wages – Authority rejected applicant’s claim for penalties – Office administrator |