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An employer that stopped rostering a casual worker after she lodged a stop-bullying application effectively sacked her, according to the Fair Work Commission, meaning it now has to face her general protections claim.
In failing to offer her any shifts, the employer intended to force the employee to resign so that it could argue that she wasn't dismissed, Commissioner Stephen Crawford accepted.
The casual employment services officer was employed by Designer Life in northern Queensland from 6 January this year until she resigned on 24 May.
Her reasonably brief tenure was "not without issues", Commissioner Crawford commented.
After complaining in February that she had been bullied by her supervisor, the employee filed a stop-bullying application and a non-dismissal general protections dispute in March. But the employer responded to the former by telling the Commission her role was "no longer required", so there was no risk of further bullying...
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