{"id":7197,"date":"2016-09-14T23:00:00","date_gmt":"2016-09-14T23:00:00","guid":{"rendered":"https:\/\/www.olexo.com.au\/workplace-bullying-jade-hammon-v-metricon-homes-pty-ltd-t-a-metricon-homes-and-others-2016-fwcfb-1914\/"},"modified":"2016-09-14T23:00:00","modified_gmt":"2016-09-14T23:00:00","slug":"workplace-bullying-jade-hammon-v-metricon-homes-pty-ltd-t-a-metricon-homes-and-others-2016-fwcfb-1914","status":"publish","type":"post","link":"https:\/\/workn.net.au\/?p=7197","title":{"rendered":"Commission refused to allow employee\u2019s appeal who sought an order to stop bullying"},"content":{"rendered":"<p><em>Published 14 September 2016<\/em><\/p>\n<p>The Fair Work Commission dismissed the application for permission to appeal against a decision, finding the Commissioner\u2019s decisions were appropriate and there was no error of substance.<\/p>\n<p>Hammon made an application for permission to appeal against a decision after the Commission ruled that an order to stop bullying could not be granted.<\/p>\n<p>Hammon claimed he was subject to unreasonable behaviour at work and believed the Commission erred in a finding against him. He believed Commissioner Roe had \u201cmissed evidence, been misled by evidence, mistaken the facts and failed to take some material into consideration.\u201d<\/p>\n<p>Hammon submitted that allowing the appeal was in the public interest as the actions of bullying represent safety concerns for site managers, contractors and the public and the health and safety of himself and his family, as well as employees managed by him, would be adversely affected as the unfair treatment would continue on his return to work.<\/p>\n<p><span style=\"text-decoration: underline;\">Decision<\/span><\/p>\n<p>The Commission ruled that Commissioner Roe had \u201ccarefully and sensitively\u201d considered the evidence and his subsequent findings were appropriate. Further, Hammon\u2019s arguments were too general, lacked support and\/or lacked specifics and therefore the findings of Commissioner Roe were reasonably open to him.<\/p>\n<p>The Commission ruled no error of substance was substantiated and the decisions made by the Commissioner were reasonably open to him.<\/p>\n<p>The application to appeal was dismissed.<\/p>\n<p><a href=\"https:\/\/www.fwc.gov.au\/documents\/decisionssigned\/html\/2016FWCFB1914.htm\" rel=\"alternate\">Read the full decision here<\/a><\/p>\n<hr \/>\n<p>This content is general in nature and provides a summary of the issues covered. It is not intended to be, nor should it be relied upon, as legal or professional advice for specific employment situations.<\/p>\n<p>Working Knowledge recommends that specialist legal advice should be sought about specific legal issues.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Published 14 September 2016 The Fair Work Commission dismissed the application for permission to appeal against a decision, finding the Commissioner\u2019s decisions were appropriate and there was no error of substance. Hammon made an application for permission to appeal against a decision after the Commission ruled that an order to stop bullying could not be [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[201],"tags":[],"_links":{"self":[{"href":"https:\/\/workn.net.au\/index.php?rest_route=\/wp\/v2\/posts\/7197"}],"collection":[{"href":"https:\/\/workn.net.au\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/workn.net.au\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/workn.net.au\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/workn.net.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7197"}],"version-history":[{"count":0,"href":"https:\/\/workn.net.au\/index.php?rest_route=\/wp\/v2\/posts\/7197\/revisions"}],"wp:attachment":[{"href":"https:\/\/workn.net.au\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7197"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/workn.net.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7197"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/workn.net.au\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7197"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}