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Commissioner was wrong to equate bullying with serious misconduct

It is wrong to equate all forms of bullying with serious misconduct, a Fair Work Commission full bench has ruled, in upholding an appeal by a "socially inept" employee over a disciplinary transfer.

Bullying and serious misconduct are "two entirely distinct concepts", even though in some cases they might overlap, the bench said.

The dispute was over disciplinary action taken by Ambulance Victoria against a paramedic who it accused of being "generally rude" and disrespectful towards women.

In July 2022, an external investigation found he ignored a female colleague's greetings, didn't talk to or "exchange pleasantries" with her, didn't acknowledge her work, and "belittled her contributions"...

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