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In upholding an employee's appeal, a full bench of the Fair Work Commission has declined to determine whether someone can be considered "at work" and at risk of bullying while they're unfit for duties.

The case involved a stop-bullying application filed by an Excelsia University College academic. She has been absent and receiving workers' compensation since mid-2025.

Deputy President Gerard Boyce dismissed her application in March this year, finding there was no evidence of a continued risk of bullying in circumstances where she was certified as having "NIL capacity for work".

Last week, however, a full bench quashed the decision, noting the employee was medically cleared to attend conciliation, and her certificate stated that conflict resolution might enable her to return to work...