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Bullying finding "unremarkable"; employer's appeal denied

A stop-bullying order requiring mediation between an employee and his manager will stand, after the employer failed to persuade the Fair Work Commission to hear its appeal.

The full bench rejected that the employer was denied procedural fairness at first instance, noting the bullying finding it challenged was "unremarkable" in the circumstances.

In May this year, Commissioner Stephen Crawford found that of the nine bullying allegations made by an NBN Co Limited employee against his manager, only two were made out. Specifically, he found the manager acted unreasonably when he took disciplinary action against the employee for: taking an authorised RDO (in circumstances where there was "clearly some confusion" about the employee's entitlement); and failing to answer a call while he was on standby...

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