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Despite a "substantial overlap" in the facts to be considered in an employee's stop-bullying and adverse action claims, the Fair Work Commission has refused an employer's request for an adjournment.
The legal questions and relief sought are different, Commissioner Trevor Clarke accepted, in ruling the employer's burden of preparing for both claims didn't outweigh the potential need to reduce risks to the employee's health and safety.
Earlier this year, Racing Victoria's general manager of veterinary services sought stop-bullying orders against the employer and three senior leaders, and the Commission scheduled a three-day hearing for mid-December.
Then in October, the employee commenced adverse action proceedings against the employer in the Federal Court, seeking declarations, injunctions, compensation and penalties...
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