Commission refused to allow employee’s appeal who sought an order to stop bullying

The Fair Work Commission dismissed the application for permission to appeal against a decision, finding the Commissioner’s decisions were appropriate and there was no error of substance.

Hammon made an application for permission to appeal against a decision after the Commission ruled that an order to stop bullying could not be granted.

Hammon claimed he was subject to unreasonable behaviour at work and believed the Commission erred in a finding against him. He believed Commissioner Roe had “missed evidence, been misled by evidence, mistaken the facts and failed to take some material into consideration.”

Hammon submitted that allowing the appeal was in the public interest as the actions of bullying represent safety concerns for site managers, contractors and the public and the health and safety of himself and his family, as well as employees managed by him, would be adversely affected as the unfair treatment would continue on his return to work.

Decision

The Commission ruled that Commissioner Roe had “carefully and sensitively” considered the evidence and his subsequent findings were appropriate. Further, Hammon’s arguments were too general, lacked support and/or lacked specifics and therefore the findings of Commissioner Roe were reasonably open to him.

The Commission ruled no error of substance was substantiated and the decisions made by the Commissioner were reasonably open to him.

The application to appeal was dismissed.

Read the full decision here

* PCC Lawyers are a team of employment practitioners based in Sydney, with many years of combined knowledge and experience in workplace law, industrial relations, workplace investigations and training.  They provide a high standard of excellence and an exceptional level of personal service to a variety of clients in the Sydney metropolitan area, Central Coast, regional NSW and interstate. 

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