Employer argues 'bullying risk' no longer exists after termination
A worker lodged an application seeking orders to stop bullying at work. Meanwhile, the employer sought the dismissal of the worker's application, arguing that it had no reasonable prospects of success.
The employer asserted that the worker's employment was terminated and thus the Commission had no power to make stop bullying orders because it could not be satisfied that there was a risk the worker would continue to be bullied at work.
The worker contended that termination did not extinguish jurisdiction and that the employer's authorities showed the Commission may adjourn or determine preliminary issues first.
Early on the day of the hearing, an application was filed by the worker seeking an immediate stay of the hearing and an immediate stay of all steps in the employer's dismissal application until particular steps were taken.
The worker also sought an expedited administrative hearing before a different member of the Commission for directions on the stayed proceeding. Also on the same day, the worker sent correspondence asking that the Commissioner recuse himself from the proceeding on various grounds.
During the morning, the Commissioner indicated to the parties that the matters raised by the worker would be dealt with at the hearing listed later that day. The worker opposed this course, including on the basis that he said he was medically unfit...
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