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It wasn't reasonable to order 47 witnesses to attend a stop-bullying hearing, the Fair Work Commission has ruled, in a decision that clarifies when it will use this discretionary power.
Commissioner Leyla Yilmaz was considering a request by a Vistaprint IT systems administrator, who alleged his employer, two managers and an HR business partner had bullied him. (Full details of the decision are reported here .)
The matter wasn't resolved by conciliation during July 2024 and the employee advised he wanted his application to be determined by arbitration.
However, instead of producing statements from his witnesses, the employee submitted a list of 47 names attached to his own statement, identifying each person as a witness "to attend" the October hearing...
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