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Monday, June 16, 2025

Can workplace transfers deal with bullying claims? - HRD America

FWC looks into case after employer relocates worker away from alleged bullying manager

20 May 2025

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The Fair Work Commission (FWC) recently dealt with a workplace bullying application where a worker sought orders against their manager, claiming persistent bullying behaviour that had made their working environment intolerable.

The worker initially requested separation from the alleged bully and compensation for the distress caused. However, as the case progressed, the worker's demands shifted focus to the removal of a disciplinary warning that had been issued against them - a warning they argued was part of the bullying pattern.

The employer took a different stance, arguing that any risk of future bullying had been eliminated through workplace changes they had already implemented.

They also challenged the worker's failure to provide supporting evidence despite multiple opportunities to do so, raising questions about the strength of the bullying claims.

FWC examines workplace bullying claims

The male worker at Coles Supermarkets filed his application on 3 January 2025 seeking stop bullying orders under section 789FC of the Fair Work Act 2009.

He named his store support manager as the person who had allegedly bullied him at work. By the time the case reached hearing, Coles had already made significant workplace changes that would prove decisive.

The procedural history showed the worker's reluctance to follow standard legal processes. Commissioner Boyce conducted a...



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