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'Bullied' GM sacked for contract breach, not complaints

In a case highlighting the importance of contemporaneous dismissal evidence, the Federal Circuit Court has rejected that a general manager was sacked for making workplace bullying complaints.

The Preston Motors GM claimed he was subject to various forms of unlawful adverse action, culminating in his dismissal, because he'd complained to the HR general manager that the CEO had bullied him. He alleged the CEO:

  • sent him an abusive email in March 2019, accusing him of intentionally sabotaging the business;
  • became increasingly aggressive and displayed a "menacing look" when speaking to him about another worker's inappropriate dress sense;
  • said loudly and aggressively that alcohol shouldn't be drunk on site, which made him feel fearful and distressed; and
  • aggressively told him in February 2020 that he was responsible for overspending in the marketing department...
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