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Bullying claim fails because employee wasn't "at work"
An absent employee who was repeatedly blocked from returning to work has lost his stop-bullying claim, after the Fair Work Commission found he was not "at work" when the alleged behaviour occurred.
The Mercy Health registered psychiatric nurse sought a stop-bullying order in October last year, while on an extended period of leave, claiming the employer refused to let him return to work and that two superiors were making unreasonable requests for information.
Commissioner Sarah McKinnon heard that in mid-2020 a manager raised performance concerns with the employee and he immediately submitted a formal grievance against her, alleging bullying. The employer allowed him to take special leave until it investigated the claims...
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