BlandsLaw - Blog posts from Conflict
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A recent decision by the FWC has described an employee’s treatment as ‘heavy handed’ but found that it did not meet the definition of bullying under the Fair Work Act.

A childcare centre worker lodged a bullying claim against the childcare centre, the director and a colleague in respect of events that spanned several years. The issues in question involved two main issues: interpersonal conflict between the complainant and her colleague and secondly, the director’s handling of two disciplinary matters.                                                                                                                                                                        

The first disciplinary incident involved the complainant leaving steps out that could have caused a child to fall and in the second incident she applied the incorrect sunscreen on a child.The facts and differing evidence present a picture of a personality conflict between the complainant and her colleague. The complainant had a preference for some tasks over others and the communications between the two had at times been fraught on both sides. The alleged safety or disciplinary incidents were apparently undisputed but the complainant took issue with the director’s

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