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Potentially unreasonable management direction fell short of bullying

It might have been unreasonable to make further demands of an employee who had already complied with his employer's absence notification system, but this didn't amount to bullying, the Fair Work Commission has ruled.

Deputy President Peter Anderson ultimately dismissed the employee's stop-bullying application, but said the "challenging and disputed situation" offered "learnings on all sides".

The Commission heard that in July this year the chef de partie, employed by Skycity Adelaide, was transferred from one department of the casino to another. He wasn't happy about the move or proposed fortnightly roster, and negotiated with his former manager to take two weeks of annual leave before the new arrangement started.

On the day his next roster began, the employee injured his back on a recreational walk. About two hours before his shift was due to start he contacted the employer's 'wellness@work' system and notified his absence...

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