Amanda Abraham v Verrocchi, Marcello, trading as Chemist Warehouse Indooroopilly

[2022] FWC 226

[2022] FWC 226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying

Amanda Abraham
v

Verrocchi, Marcello, trading as Chemist Warehouse Indooroopilly; Chuan Suo, Yi Thien Hu, Tania Sneek, Isabella Mann and Tia Thornton

(AB2021/373)

COMMISSIONER HUNT BRISBANE, 3 FEBRUARY 2022

Application for orders to stop bullying – alleged bullying behaviour not unreasonable – employee not bullied at work – application dismissed.

1. On 5 July 2021, Ms Amanda Abraham made an application pursuant to s.789FC of the Fair Work Act 2009 (the Act) to the Fair Work Commission (the Commission) for an order to stop bullying using the Form F72 ‘Application for an order to stop bullying’ (F72). Ms Abraham is employed by Verrocchi, Marcello, trading as Chemist Warehouse Indooroopilly (the Employer). Ms Abraham was supported throughout her application by Mr Adis Hodzic, her husband.

1. The Employer is a franchisee of Chemist Warehouse, operating the Indooroopilly store in Brisbane’s west. The employer was represented in these proceedings by Ms Michelle Muir, Senior HR Advisor, Chemist Warehouse (National) and Ms Anna Nipperess, Assistant State Manager, Chemist Warehouse (QLD).

1. Ms Abraham named nine persons in her application for orders to stop bullying (collectively, the Persons Named). During the course of the proceedings, Yolanda, a Person Named, resigned from her employment, and was no longer involved in any capacity in the Employer’s business. It was therefore appropriate that Yolanda no longer be a Person Named. At the hearing of the application before me on 20 October 2021, and with those individuals present, Ms Abraham withdrew her application in respect of three particular Persons Named.  Accordingly, mid-way through the hearing there were five Persons Named remaining, against whom she sought orders. The Persons Named are:

·  Mr Chuan Suo, Pharmacy Manager – Chemist Warehouse Indooroopilly;

·  Mr Yi Thien (Ken) Hu, Employee;

·  Ms Tania Sneek, Employee;

·  Ms Isabella Mann, Employee;

·  Ms Tia Thornton, Employee (and daughter of Ms Tania Sneek).

1. Ms Abraham seeks a remedy in response to alleged workplace bullying pursuant to Part 6-4B of the Act.  It is not in dispute that Ms Abraham is an eligible worker to bring a claim under this jurisdiction.  Ms Abraham has not been at work since mid-2021.

1. The matter was heard in person in Brisbane on 20 October 2021. Ms Abraham appeared with Mr Hodzic, her husband. The Persons Named appeared, along with Ms Muir and Ms Nipperess of the Employer. All parties appeared in person, with the exception of Ms Muir, who was in Victoria at the time, and was therefore unable to travel to Queensland due to border closures. The Commission heard evidence from Ms Abraham and the Persons Named.

Relevant legislation

1. A worker who reasonably believes that he or she has been bullied at work may apply to the Commission for an order to stop bullying. Section 789FC of the Act provides:

“789FC Application for an FWC order to stop bullying or sexual harassment

(1)       A worker who reasonably believes that he or she has been bullied or sexually harassed at work may apply to the FWC for an order under section 789FF.

(2)       For the purposes of this Part, worker has the same meaning as in the Work Health and Safety Act 2011, but does not include a member of the Defence Force.

Note:   Broadly, for the purposes of the Work Health and Safety Act 2011, a worker is an individual who performs work in any capacity, including as an employee, a contractor, a subcontractor, an outworker, an apprentice, a trainee, a student gaining work experience or a volunteer.

(3)       The application must be accompanied by any fee prescribed by the regulations.

(4)       The regulations may prescribe:

(a)       a fee for making an application to the FWC under this section; and

(b)       a method for indexing the fee; and

(c)       the circumstances in which all or part of the fee may be waived or refunded.”

1. Section 789FD of the Act sets out when a worker has been bullied at work, as below:

“789FD When is a worker bullied at work or sexually harassed at work?

(1)       A worker is bullied at work if:

(a)       while the worker is at work in a constitutionally-covered business:

(i)           an individual; or

(ii)          a group of individuals;

repeatedly behaves unreasonably towards the worker, or a group of workers of which the worker is a member; and

(b) that behaviour creates a risk to health and safety.

(2)       To avoid doubt, subsection (1) does not apply to reasonable management action carried out in a reasonable manner.

(2A)     A worker is sexually harassed at work if, while the worker is at work in a constitutionally‑covered business, one or more individuals sexually harasses the worker.

(3)       If a person conducts a business or undertaking (within the meaning of the Work Health and Safety Act 2011) and either:

(a)       the person is:

(i)           a constitutional corporation; or

(ii)          the Commonwealth; or

(iii)         a Commonwealth authority; or

(iv)         a body corporate incorporated in a Territory; or

(b)       the business or undertaking is conducted principally in a Territory or Commonwealth place;

then the business or undertaking is a constitutionally-covered business.”

1. The circumstances in which the Commission may make orders to stop bullying are set out in s.789FF of the Act, as produced below:

“789FF FWC may make orders to stop bullying or sexual harassment

(1)       If:

(a) a worker has made an application under section 789FC; and

(b)       either or both of the following apply:

(i)           the FWC is satisfied that the worker has been bullied at work by an individual or a group of individuals, and the FWC is satisfied that there is a risk that the worker will continue to be bullied at work by the individual or group;

(ii)          the FWC is satisfied that the worker has been sexually harassed at work by one or more individuals, and the FWC is satisfied that there is a risk that the worker will continue to be sexually harassed at work by the individual or individuals;

then the FWC may make any order it considers appropriate (other than an order requiring payment of a pecuniary amount) to:

(c)       if subparagraph (b)(i) applies—prevent the worker from being bullied at work by the individual or group; or

(d)       if subparagraph (b)(ii) applies—prevent the worker from being sexually harassed at work by the individual or individuals; or

(e)       if subparagraphs (b)(i) and (ii) apply:

(i)           prevent the worker from being bullied at work by the individual or group; and

(ii)          prevent the worker from being sexually harassed at work by the individual or individuals.

(2)       In considering the terms of an order, the FWC must take into account:

(a)       if the FWC is aware of any final or interim outcomes arising out of an investigation into the matter that is being, or has been, undertaken by another person or body—those outcomes; and

(b)       if the FWC is aware of any procedure available to the worker to resolve grievances or disputes—that procedure; and

(c)       if the FWC is aware of any final or interim outcomes arising out of any procedure available to the worker to resolve grievances or disputes—those outcomes; and

(d)       any matters that the FWC considers relevant.”

Evidence of Ms Abraham

F72 Application for an order to stop bullying

1. It is necessary to note that Ms Abraham has dyslexia, affecting some of her written submissions and correspondence.  I have decided to anonymise an employee’s name; she will be referred to in this decision as Jane. In Ms Abraham’s F72 application, lodged in July 2021, Ms Abraham stated the following under item 2.1 “Describe the behaviour you have experienced that you think constitutes bullying”:

“When I 1st started on the 28/01/2021. Chemisty Warehouse system states I started on the 11/01/2021.

Induction was not done on the 29/01/2021 as Yolanda was to busy with store visit and I brough my induction papers home for three weeks as I got my Induction Certificate on the 16/02/2021. Yolanda told me to sign it for the 29/01/2021 so it looks good to HR. a Colleague name Taina (2IC) came to me and for around three days Taina was informing me to watch out for the manager Yolanda and the rift between Taina and Yolanda, saying that I’ve been employed at the wrong time. This rift between both party’s. Taina told me to watch out for Yolanda and she is a traitor and Yolanda will turn on you. Taina (2IC) also that their has been many complaints made against Yolanda to HR about her bully behaviour but HR just sweep it under the carpet. Taina (2IC) said that Yolanda plays colleagues against colleagues. Taina Express to me about the verbal arguments between them. Taina Told me that Chuan is working with HR to get rid of Yolanda and HR are aware of this. Yolanda Started expressing telling me not to trust Jennfier (Jen) Anita, Taina (2IC) Chuan Linda, I told Management about Taina as I felt I was been pull in between both of their argument, then I started noticing in my 3rd week, everyone was cold towards me and I was isolated with no support unless I went to my colleagues. I was always apologising cause I needed help. I felt I was getting pull into something I
didn't want to be involve.

I was comforting Yolanda out the back store room cause Yolanda was crying and me told me she has had enough with the taina (2IC) accusation. I did everything to support Yolanda.

Tia (2IC daughter)another colleague for no reason what so Eva has not spoken to me at all and always make me feel uncomfortable like someone has been in her ear. This behaviour has been happening every Saturday I work and Tia work. Tia has been like this way before her mother went on leave

20/04/2021 [Jane] another colleague had a real bad attuide towards me and I didn't know why. I ask her in the lunch room, have I done something wrong, [Jane] said no and apologise for the way she had been treating me as she explain she was dealing with personal stuff in her life, but this didn't change her attitude towards me. I ask Shayde what is wrong with [Jane] as I had no idea what I had done wrong. Shayde told toled me that [redacted].

I told Yolanda about this as I’ve always been told by Chuan and Yolanda that I need to stick up for myself. Could never really understand why they keep telling me this.

I went to management about all my complaints in the way I was been treated by my colleagues. Management always responded by, it’s normal as Chuan and Yolanda especially Yolanda cope the full brunt of this treatment been isolated and bad attitude towards Yolanda and for around Six months Chuan got the same treatment. I was told to try a little bit harder to get alone with my colleagues. I struggle as I didn’t know why this behaviour from my colleagues towards me that I had to try harder to get alone as it was my colleagues that was isolating me, been rude towards me. I was scared to reproached my colleagues, So I just carry on with my duty's and stuck to myself.

Isabella (Bella), [Lewin], Meka, Tia,Kenny (Ken) and Tim (weekend duty Manager) will always stand around in one Aisle or out the back in dispensary and just talk and this always happen on the weekends leaving me to do all the work, dealing with customers, PDPF (pull down-pull forward) and tills. Absolutely isolating me. When three colleagues had finish their shift, Isabella wanted to started chatting with me, I express and ask why now do you want to chat with me, I tried real hard all day to get help from you guys (colleagues)and I did express that Isabella, [Lewin], Tim, Ken and tim about work ethic and retail service was poor. I asways got complaints from customers about the standards with these colleagues, I’m always apologising to customers about my colleagues. Isabella went to management and complain said I was swearing at her and I was a bully and that I was intimidating her and I was made to apologise to Isabella from management. I couldn't believe in what I was hearing.

I express this back to management, Yolanda and Chuan at what happen, Chuan had check the cameras and should see that Isabella, [Lewin], Tim, Meka and ken where just standing around and not doing store duty's and said that these people have had heaps of warning about their behaviour and chatting.

Apparently we were all call into the office one by one and was told that gossip was to be cut out and if anyone comes to me about anything I was to tell them that they need to go to management. We where told that all cell phones must be in their lockers and no one is to order their lunches in work time. But yolanda, Jennfier, Chuan, Maria, kade and ty still do this. So to me its only been address to certain colleagues. Ive even been told that everyone has given up going to management cause nothing gets done, that why the gossip is still on the shop floor. Yolanda is keeping the gossip going as her and Marie still whisper on the shop floor.

Every time Ben would work on a saturday, he would also strike up a conversation with me but then turn around and say thinds like “Amanda please dont talk to me this way, im feeling intimidated and you are bullying me, I would look at him and just walk away as I wasn't to sure what he was going on about. He would say this a few times we he had to work but laugh at the same time, cause Isabella and ben are close, I feel Isabella has been in Ben ear.

Jennifer (Jen) was another one that when to the 2IC Taina and told her that she over heard her name from me to management, Taina confronted me in the lunch room and wanted to know why I said her name to Yolanda. Taina told me that I need to watch out and keep her name out of my mouth. I told management about Taina (2IC) Jennifer (Jen) then confronted me on the shop floor in front of Management why I didn’t say good morning, I did say good morning and Jennifer (Jen) then started to tell me that I had a problem and I just grunted at her.

I was dealing with a customers and since I got no support from my colleagues I didn't know where this product was the customers was asking me and Jennfier (Jen) was just their and look at me and said in front of the customer, dont you know the milk power. I look confuse and Jennifer (Jen) as Jen reply, don't you have kids, its in the baby sections. So embarrassing.

Jennifer (Jen) went Back to Chuan and told Chuan I was rude towards her and Chuan relay this back to Yolanda, Yolanda told Chuan that Amanda didn't say or do what Jennifer (Jen) said , Chuan said that was not what Jennifer (Jen) said. Yolanda Come Back to me, told me that Jennifer (Jen) just told Chuan but Yolanda told Chuan the real situation . Yolanda Then told me to watch out for Jennifer (Jen) as she is good friends
with HR and you will lose your job.

Taina (2IC) confronted me on the shop floor, asking me if I had a problem. I told her (Taina) what problem are you talking about, that I got a second opinion and was told to watch out.

Another Colleague Ken, I always notice that he was watching me every-time I on was on tills, I was confuse by ken’s behaviour and made me feel like I was going to take money from the till. I was working on front counter, I needed some change for the till that I was on and even tho it was a little amount I ask ken if he could go out the back to get me some change as it always been stated from management that no matter what you can not swap change from till to till, I explain to Ken that we cant do that as management told me that all change must come from the back safe. but I see this happen all the time even from management. Ken started to take from the other till to get me change and that he (ken) went and ask the pharmacist for the little amount she will tell me to Fuck off. I was shock in what I was hearing. I told Chuan about the incident and Chuan answer me by saying, he (Ken) doesn't understand and is not from here, I look at Chuan so confused, was I hearing right, you are making a excuse for ken’s behaviour. I explain to Chuan about this behaviour towards me I struggling as I say “when people throw rocks, you Feed them Bread” Chuan did really care, thats is just what I got. On this I went out the back to the store room and I ask ken “why are you watching me” I explain to ken that this is making me feel uncomfortable, ken said that he didnt mean it like that and ken admitted that he was ask to watch me, but to watch if I needed help to which no help came from ken unless I ask. I express to ken that you only watch me on the tills, like I’m going to steal. Ken said no not like that at all, I have express this to management about ken behaviour a few times towards me. I spoke to Yolanda about ken break times and Yolanda ask me to keep her inform. I have keep both inform about ken breaks but just goes on deaf ears.

I notice a change in my management as they started to isolate me as well and this went on for three weeks and I keep asking Yolanda and Chuan is everything alright, I was told that Yolanda was just stress cause of store visit. I ask Chuan if I had done anything wrong because of their coldness to wards me. Chuan said no, you have done nothing wrong and we will tell you if you have. always getting told nothing to worry about.

On the 20/04/2021 I was called into the office, me, Chuan and Yolanda. I was told that some colleagues have come forward saying that I’ve been saying inappropriate things about my colleagues. I ask what was said, Chuan said we cant repeat it, I ask why not, Chuan keep going on about this incident that I was suppose to have done. Chuan then ask me if I have a bully like behaviour , I was shock cause I dint know what was going
on. I ask Chuan “are you calling me a bully, no no Chuan said, your behaviour is like a bully, I was getting upset by this and Chuan ask me do I intimidate my colleagues, then Chuan ask me if I was going to lash out at my colleagues and management was worry. I was so up set by these allegations in what my manager Chuan was saying or even asking me, I said to Chuan, you are making me out to be thug, so I explain to both Yolanda and Chuan that I’m upset by all of this and I was going home. So I sign out and left. I rang my husband crying trying to explain what had just happen.
On the 21/04/2021 I return to work, still up set by the accusations that come from Chuan. I was still polite to my colleagues Every day since iv started iv always greeted my colleagues with no response back. I went to front counter and Marie was their and said to me, what Eva was said, it wasnt me, I ask Marie what do you mean “what was said in the meeting yesterday with me, Yolanda and Chuan. Marie said, I’m saying what Eva
was said, it didn't come from me. So I carry on to the first Aid asile and Yolanda approach me and ask if I was OK. I said I can’t believe that I was been accuse of been a bully and Yolanda said Chuan shouldn't of said that and then I ask Yolanda how does Marie Know what was said in the meeting yesterday. I told Yolanda what Marie had said, Yolanda responded by saying, every one that goes into that room is in trouble,im like how do they know we are in trouble, we could be having a meeting about training etc etc, then Yoland said, look if you want to go to a lawyer or HR go ahead, you wont get far and if you cross me, watch out.

Then on the 29/04/2021 I took stress leave and on the 04/05/2021 I wrote to HR with all my concerns

On the 12/05/2021 I had a meeting with HR and QLD state manager.

HR only took seven paragraphs from my statement cause their was to much emotion involve and I had no evidence of the behaviour from my colleagues . HR and State Manager knew the issues between Taina and Yolanda and they where dealing with it (still two years ongoing) and they knew about the issues from the colleagues with in their behaviour, HR seems to be more worry about the dotes on the I and the cross’s on

the Ts as they struggle to address this as they don't want a law suite on them . I was in belief that this behaviour with in the work place would get address. I have not notice any change in the policy's.

On My return on the 11/05/2021. me and Yolanda went to the back room and Yolanda Hug me saying, I’m so sorry I wasn't their for you and was apologising in the way I was getting treated. I was crying cause I could understand why my colleagues where been some curl and isolating me.

Around three weeks after this meeting with HR and QLD state manger. Anna Came to Chemist Warehouse and I was told by Anna (HR) that there is no evidence to my claims and nothing could be done.

Jennifer (Jen) was spying on the cameras and ask Shayde and [Jane] if I always bring my bag down early from the lockers. Shayde came to me and told me it was Jen that told Chuan. Then Chuan pull into the back stock room and starting telling me about the bag policy. I agree to what Chuan was saying. I also express we are all bring out bags down and I even ask a few colleagues and they agreed we all do it but I was the only one been targeted. Chuan is constantly going on about policys but no one listen and no one has respect for the management. Im always getting told That I have no idea what Yoland and Chuan are doing behind close doors. I approched Chuan the next day and told Chuan that it was Jen who reported me and Chuan lie. I have witnesses to this. It seem that Jennifer (Jen) like to spy on colleagues and report back to Chuan.

Since going to HR. Yolanda behaviour has became worse and now she is unapproachable and would only pay attention to her favourite team calling them babe all the time but the rest of us, she will talk down to us and talk like I’m stupid. Yolanda likes to talk at you like you are an eight year old or she would talk down to you in front of customers and colleagues. Shayde told me, I was going to warn you about her (Yolanda) but we wanted me to find out for mtself. I been a targeted everyday since going to HR and isolated even worse. I express to a few colleagues and management about my dyslexia and at 1st I wanted to try dispensary but trying dispensary I was nervous and scared and when Chuan Team me up with Jennifer (Jen) 1st I express to Jennifer (Jen) that I can’t read or spell. Then I was team up with Cherly on another day. Jennifer (Jen) telling me that Chuan Wants you to go with Cherly as im (Jen) not formal enough and Cherly is Formal. I believe the training lasted a week as I was so nervous because of my dyslexia and I express to Chuan that I didn't want to do dispensary as I  couldn't read or spell the customers prescription and out of health and safety for the customers I didn't want to proceed in the training but Chuan insisted that I carry on as everyone has to do it. Chuan then pull me aside and as me. Who do you perfer with the training. Im like in my head, is this a trick question, I reply I like both, but Chuan keeping saying who do you like cause Jennifer (Jen) is not thorough and Cherly is thorough. I still went with both.

On the 17/06/2021 I arrive to work, sign in and carry on my with duty's. Not realising that Yolanda Was away this day. I was ask by Chuan that I need to see Taina (2IC) and ask whats needs to been done. I was talking with Taina (2IC) and I Notice that on the Log Book, Yolanda had wrote the day Before that Taina was the boss Lady. I ask Taina if Taina could get me an Incident form and apparently Taina handed me over to Yolanda to sort my Report out but this is not true as Yolanda was away.

I was ask into the office about my probation, me, Taina (2IC)and Chuan. Chuan started going off about my behaviour once again and attacking me about the policy's as im not following them. I just agree to all at what Chuan was saying not really listening cause it seem that I’m the one been attack about the rules. I just sat quite through the meeting. Chuan said that he notice that I don't have a bag and all personal stuff must be in the locker and even tho I have no bag I need to sign out with dispensary still. Chuan Going on about personal stuff. I was like. Everyone has their phone on them or they spend 20 minutes on the loo on their phones. Chuan ask me if I wanted to say anything to these claims. I just told Chuan he was incompetent as a manager as Chuan was always targeting me while I was clapping my hands. (I express with my hand with my emotions). I told Chuan I could do a better job and would listen at all complaints big or small and address them and not take side or isolated colleagues, plus wouldn't have  favourites. I express about ken once again and his breaks times. Chuan said he spoke to ken and ken denies what I was saying and Chuan has spoken to ken about breaks times. Nothing has change but im the one getting punish and all iv done is abide by the rules. I came out of the meeting and I went out the back to where Taina (2IC) was and express that I was going home as I was not going to be treated like this, Taina (2IC) hug me and said im so sorry you have to deal with this and said she Taina (2IC) will tell Chuan. So I sign out

Iv never been spoken to by Taina (2IC) or even given me a warning on toxic culture.

Im finding that im not been listening to and everyone else is getting heard apparently about my so call behaviour with in my work place and apparently it seem that everyone else are telling false statements to management.

I've got messages from Shayde saying she could hear me and could see how mad I was, but good on you for standing up for yourself cause no one deserves be treated that way.

I’ve got messgaes from Shayde denying any statements against me and wonder who has use her name.

I do find all this to be harassment/bullying cause I have express this behaviour many times and cause I’m on probation I have to take all this behaviour from my colleagues. It seem to me that my colleagues and management want me to snap or quit so they don't have to deal with this behaviour.

[Jane] Once again apologies for her behaviour towards me in the lunch room as her behaviour didn't change the 1st time she had apologise. [Jane] started to tell me about Yolanda behaviour towards her ([Jane]). [Jane] told me that she needs this job and Stated Yolanda is a bully.

As I can’t put all dates or have any witnesses. I am not making up any of this behaviour.

I remember when we had so much stock and Yolanda son came to visit his mum, Yolanda ask her son to help put stock away. That was a huge breach of policy as if anything happen to Yolanda son. Chemist Warehouse would have been in big trouble.” [errors in original text].

1. In her F72, in response to item 2.2 “Describe more than one example of the kind of behaviour outlined in question 2.1” Ms Abraham said:

“As iv explain as off above this behaviour started two weeks into my employment and nothing change.

The people involved are Yolanda, Chuan, ken, Tia, Isabella, [Jane], [Lewin], [Jane], Jennfier (Jen) and Taina (2IC)

I always reported this behaviour to Management and none of mine statement where taken into account or anyone spoken too. I’ve been fighting for my rights pretty much from the second weeks and not to be treated like a second class citizen. I’ve been made to apologise for now what I see is false accusations

The last time this behaviour was on the 17/06/2021 I had enough of been targeted and  pull up by Chuan on the policy's and procedure when we all break them and if we all follower the rules, management wouldn't have to repeat themselves. Management always telling me that everyone has been spoken too but what I see that this cant be true or my colleagues have no respect for management as the culture has always been the colleagues way.” [errors in original text].

1. Ms Abraham stated the following in her F72, in response to item 2.3 “How does the behaviour described in question 2.1 create a risk to your health and safety?”:

“The stress this has cause me from my employment/colleagues. I don't want to go out into society as I feel I’m judge. I struggle everyday as I ask myself, why have I been treated in such an inhumane way as if I cause this problem. I struggle with sleep and eating. Been treated like a second class citizen makes me feel unworthy. My will for life is at it’s lowest. My management and colleagues have absolutely broken my spirt and my soul. I feel sad and depressed because all I have tried to do was right and all I got was lies. I feel I’m been discriminated cause I have done nothing but follow the policy of employment” [errors in original text].

1. Ms Abraham answered “No” in response to item 3.1 “Have you been advised that you are not performing your duties to the required standard or that you are facing disciplinary action?”

1. Ms Abraham provided the following response to item 4.2 “Have you made a complaint about bullying, whether or not it is required under a bullying policy?”

“I reported it to management and HR but cause I have no evidence of these claims none of my complaints where written down or dealt with. This is coming from HR” [errors in original text].

1. Under item 5.1 of the F72, dealing with any other matters of which the Commission should be aware, Ms Abraham said:

“Im not receiving any income due to this on going matter. This is increasingly hard to survive”

1. In item 6.1 of the F72, dealing with complaints made elsewhere, Ms Abraham said:

“I have made a complaint to Work cover. I have till the 09/07/2021 to prove or come up with validate evidence even tho I sent messages from one of my colleagues saying “good on you for standing up for yourself, they are Assholes no one deserves to be treated that way. I even told work-cover that there is to much conspiracy's which work-cover can see.

After Receiving all the statements from Chemist Warehouse, requested by work-cover, now realising that their is only two statements that was sign but no other statements with signatures and everything is collaborate by management as shayde denies the statement and said that someone has use her name. When Kenny (ken) was spoken to on the 24/04/2021. He deny the statement he said to me but sign a statement on the 29/06/2021?” [errors in original text].

1. As to the question of remedy sought, Ms Abraham said:

“The whole attitude in the work places need to change, management need to change and HR needs to acknowledge that no matter how big or small a complaint is made. They need to address that complaint. My real opinion is that Yolanda and Chuan need to do courses on how to communicate and deal with issues like this. Yolanda need to stop calling her favourites colleagues Babe. They are colleagues not her children. Everyone leaves them in their lockers, not in your pockets or apron, All the rules need to be across the floor. No phones, mean no phones, colleagues always have their phones. Yolanda needs to stop having conversation with her children on the shop floor as this set a poor example. Yolanda, Maira, Jennfier (Jen) Chuan need to stop ording lunches in work hours as apparently we where all told to stop this. Another poor example. As I’ve express to Chuan, if you want change, it starts from the top. Jennifer (Jen) needs to stop spying on me and other colleagues. I cant believe Management allowed this behaviour and this just creates more problems and gossip. Ringing in three time if you cant make it into work and it shouldn't matter what manager you ring. Once ringing the manager, then you need to ring dispensary and leave a messages as well. Yolanda and Taina need to stop their mood swings as we all cop it, well only four of us and stop making us walking on egg shells when things don't go their way. They become rude to customers and make sure everyone knows they are in a mood. Their is diffidently no structure or foundation in the store. The whole environment is toxic. You leave your personal problems at home.” [errors in original text].

Statement and submissions of Ms Abraham filed on 8 September 2021

1. On 8 September 2021, Ms Abraham lodged a document containing submissions and allegations of fact. This document included a number of annexures. I directed my Associate to advise Ms Abraham on 15 September 2021 that I did not consider her material to meet the requirements set out in the Directions issued by me, in that it did not clearly address her allegations against each of the Persons Named. On 17 September 2021, Ms Abraham filed an amended submission. The annexures and the amended submission are set out below.

1. Ms Abraham filed a copy of a letter dated 15 January 2021 from Mr Xiao (Chuan) Suo, Pharmacist Manager, one of the Persons Named in this application. In filing the letter, Ms Abraham said: “This was all I received for a contract. This is about protocols and procedures, codes and conduct”. The letter is titled “Re: Contract of Employment”. The letter reads as follows:

“Congratulations on your employment with CW Retail. I am delighted to offer you the position of Pharmacy Assistant commencing at Chemist Warehouse Indooroopilly on a date to be confirmed.

Attached to this letter is your Employment Contract detailing the terms and conditions of your employment with us. Please read this carefully before indicating your acceptance online.

Also provided are a number of documents that you need to read carefully as well some additional information to help familiarise and settle in to your new role with us and CW Retail whose banner we operate under. If you have any further queries after reading all the material please ask your immediate manager or any of our senior management team.

A.       CW Retail's Code of Conduct which guides and directs our behaviour when dealing with each other, our customers, suppliers and the business. A copy of the current Code has been included so you can familiarise yourself with the responsibilities and obligations, before accepting the 'Code of Conduct' online. (Please note acceptance of the Code of Conduct forms part of this offer of employment.)

B.        CW Retail's Employee Information Brochure. When starting a new job there is always a mountain of information to take in and try and find your way around. The Brochure has been designed to help make that daunting task a little easier by providing you with some useful facts, helpful hints and important signposts to navigate through your first few weeks with us. Please make sure that you collect your hard copy of the Brochure from your manager when you commence work.

C.        There are also a number of other documents that need to be completed and submitted to us online. These are listed in the New Hire Pack Instructions which you can find under the New Hire Pack section of your "My On-Boarding'' screen. Be sure to use this checklist to make certain that you have accepted and submitted all the necessary documentation, as your employment cannot be confirmed until then.

On behalf of CW Retail I extend you a warm welcome. We hope that you will find working with us both challenging and rewarding and I look forward to seeing you grow and excel in your new role.

Yours sincerely,

[Chuan] Xiao Suo
Pharmacist Manager”

1. Ms Abraham filed a copy of an email dated 21 January 2021 from Chemist Warehouse’s head office advising the Employer that Ms Abraham could commence work as the paperwork relevant to the commencement of her employment had been received.

1. Ms Abraham included screenshots of text messages between herself and Mr Suo on 21 January 2021 which read as follows:

Ms Abraham:              Hi Chuan

Just checking in if you have heard anything back from HR about anything.

Mr Suo:Hi Amanda, yes HR have approved all the paperwork. You should be able to start on the first of February

Ms Abraham:              Wow, That’s wonderful news. Thank you.

Mr Suo:I’ll give you an update sometime next week to confirm everything

Ms Abraham:              That would be great. Don’t hesitate if you need me to start earlier.

1. Ms Abraham filed a copy of an email dated 28 January 2021 from Chemist Warehouse’s head office advising the Employer that Ms Abraham had been allocated the “Store Online Induction module on the MyLearning ‘Education Hub.’”

1. Ms Abraham included a screenshot of a text message from Yolanda to Ms Abraham on 1 February 2021 advising:

“Good morning Amanda your hours for this week are

Tues 9-5
Wed 1-9
Thurs 10-6
Friday 7-3.30
Sat 9-5
Thanks
Yolanda”

1. Ms Abraham included a screenshot of text messages between her and Yolanda on 12 February 2021 as follows:

Yolanda:Hi Amanda thank you for doing this. As I said your job is not in jeapody at all. If you could please send through the email containing your conversations with Tania to me personally via email [email address] I will then forward them to HR. Thanks again

Ms Abraham:              Not a problem Yolanda. As I said, I was their last year and only been back for two a half years. You are a [… the screenshot ends here]

1. Ms Abraham filed a copy of a document titled “Certificate of Completion”, indicating that she completed “Store Online Induction (V4)” on 16 February 2021.

1. Ms Abraham filed a screenshot of a text message exchange between Yolanda and herself on 29 March 2021 as follows, which included a photograph of the name and phone number of a customer next to the word ‘complaint’:

Yolanda:Hi Amanda can you [p]lease let me know roughly what time this incident occurred

Ms Abraham:              It was my last shift on tills in the afternoon. Between 2pm and 4pm

1. Ms Abraham lodged the first and last page of correspondence from the Employer titled “Response to formal complaint” dated 2 June 2021, which reads as follows:

“A complaint was received by you, detailing allegations of inappropriate behaviour and conduct by members of store, CW Indooroopilly on 04 May 2021.

BACKGROUND

In summary, the complaint alleges that store members behave inappropriately by the following:

1.        Breaching the Code of Conduct, policy and procedure

2.        Failing to meet the highest standards of professional behaviour

3.        Failing to treat colleagues with fairness, dignity and respect

4.        Failing to foster a workplace free from inappropriateness

The particulars of the alleged misconduct were as follows:

Allegation 1:
Colleagues are not forthcoming, and it’s been like this from day one, they make sure that I’m isolated and I’m not to be helped unless I go to them. I have been intimidated, humiliated by my colleagues”

Allegation 2:
Another colleague has been told to watch me and that is not in any way helping me"

Allegation 3:
Another colleague always had a bad attitude with me

Allegation 4:
I'm totally isolated with no support or help unless I ask for help with customers and productivity." "While the rest of the colleagues stand around in one aisle including the supervisor/duty manager talking or they are all hanging in the back office or with pharmacists

Allegation 5:
I've also been told by another colleague that the manager does talk about private conversations with other colleagues

Allegation 6:
I am being persecuted I imagine cause of my age

Allegation 7:
“I’m supposed to have started my S2 in training and I have asked many times, but it never happens, so I stopped asking.”

[page one ends here, and the next available page continues as follows]

3.        Management to reiterate professional workplace behaviour with the team, including:

a.         conducting and presenting themselves in a professional businesslike manner at all times

b.        demonstrate respect and consideration for each other, our customers, contractors and service providers; and
c.         safeguard everyone's right to privacy and confidentiality; and

d.        at all times maintain a level of personal and professional conduct that is above reproach, that includes greeting colleagues at the start of their shift and saying goodbye at the end.

WORKING ENVIRONMENT

Employee to adhere to the Appropriate Workplace Conduct and Behaviour Policy and their position responsibilities at all times.

Employees to report to management any issues they face in the workplace, at the time they occur, as a form of escalation.

Privacy and Confidentiality

It is important that this matter is kept private and so we remind you that this incident, process and outcome is strictly confidential and must not be spoken about with any other employee. Please be aware that any failure to abide by these privacy requirements would be a serious breach of confidentiality and be dealt with accordingly.

If you have any question, or concerns, please speak to either myself, State Manager or
HR Advisory Team.

Regards

Anna Nipperess
Assistant State Manager”

1. Ms Abraham included a screenshot of a text message exchange between her and Mr Suo on 4 June 2021 as follows:

Ms Abraham:             Hi Chuan. Wasn’t too sure If I was to finish early this Friday or nxt Friday, so I finish early today. I spoke to Jen and she explain to message you as it didn’t matter cause it still fell in the same pay week.

Mr Suo:Hey Amanda, Yeah it was this week so all good thanks for clarifying

1. Ms Abraham filed screenshots of a Facebook Messenger conversation between herself and a colleague named Shayde Robeck on 17 June 2021 in which the following exchange occurred:

Ms Robeck:                 Are you okay?

Ms Abraham:              Nope. I’m over their bullshit.

Im quite surprised you didn’t hear me. All these new rules they bring up.

Ms Robeck:                I heard some yelling

What bloody rules

I’m glad you stood up for yourself

Oh wowww

Ms Abraham:              I got so Fucken angry [angry-face emoji]

Ms Robeck:                I could tell how mad you were

I’m glad you stood up for yourself though

Ms Abraham:              Hope you girls do the same. Chuan said that everyone has been going back and telling him that I keep running em down.

Ms Robeck:                I wonder who has said that

Ms Abraham:              Only his favourite

Tania was sitting in on it and…

[the screenshot cuts off here and resumes on the next page]

Ms Robeck:                Oh wooooowww

I wonder if they’re gonna talk to everyone to see if they’ve had enough or not

Are you going to take the rest of the week off?

Man this is so crazy I feel so bad for you

Ms Abraham:              Don’t feel bad.

This has nothing to do with you.
Their is nothing in the policy about our bag check. Well not in my policy. With me going to work cover, CW still have to pay under stress leave. I’m just not putting up with their bullshit anymore. Chuan reckons he spoke to everyone about the bags which is bullshit. I just lost it. Can’t have one rule for me and n[…] for the rest of the favourite one

1. No further screenshots were provided of messages exchanged on 17 June 2021; it is unclear if more was said on this date after 6pm.

1. The conversation between Ms Abraham and Ms Robeck continued on 18 June 2021 in Facebook Messenger at 5:40pm:

Ms Robeck:                 Negative Chuan not here on Fridays and I avoided Yolanda haha

How’d you go today

Ms Abraham:              Today has been stressful. Sent my work cover cert in today. I ran Yolanda this morning. She told me that I need to be at work tomorrow. Told her I not coming back until WHS has delt with you manager. She try to be nice and made out she didn’t know anything. I call her out on that and hang up.

Ms Robeck:Umm no she can’t make you come to work when you have a medical certificate

1. The messages exchanged between Ms Abraham and Ms Robeck stop on 18 June 2021, and resume on 25 June 2021, as outlined further below.

1. Ms Abraham included a photograph of a printed copy of an undated email from Ms Nipperess to her. The printout bears the date 22 July 2021, however, as is evident below, the email must have been sent prior to 12 May 2021:

“Good afternoon Amanda

Thank you for your email, the issues that you have raised are concerning.
In order for us to address claims we do need to meet with you to gather details of workplace incidents where this behaviour has been demonstrated. We were hoping to do this prior … [illegible] your return to work on Wednesday the 12^th of May at 11am.
In regards to the additional issue raised of feeling stressed, I would encourage you to contact our EAP (Employee Assistance Program). The service is a voluntary, confidential and complimentary counselling service. It is a short-term, solution focused approach to help you enhance your overall wellbeing. I have attached the brochure for your reference.
Please reach out if you have any questions.
Kind regards

Anna Nipperess
Queensland Retail and Professional Development Manager”

1. Ms Abraham and Ms Robeck conversed further through Facebook Messenger on 25 June 2021:

Ms Abraham:              Hi Shayde. How are you. I’m good. Hows work

Ms Robeck:                Hood I’m goood

Works Okay

How’s things at […]e

Is everything okay?

Ms Abraham:              Why did you go to Yolanda and Chuan about me with [Jane].

Ms Robeck:I didn’t? I’m confused. What has been said. I’ve not said anything

Ms Abraham:              I’ve received all the paperwork from all the complaints that you all made against me.

Ms Robeck:                I haven’t made a complaint about you, im very confused

Ms Abraham:              Are you at work

Ms Robeck:                Yes

Are you able to show me the paperwork

I’d be interested to see why someone has used my name

Ms Abraham:              I can read them out to you

Ms Robeck:                Where did these come from?

Ms Abraham:              Apparently you told Yolanda that I’m intimidating and I was call [redacted] a slut and was saying bad things about [Jane]

Ms Robeck:                Wait what

Ms Abraham:              There is a lot more

Ms Robeck:                I’m going to talk to Yolanda about this.

Ms Abraham:              You told Yolanda that you had a discussion with me and told me that you don’t want anything to do with my negative behaviour

Ms Robeck:                Wtf

1. Ms Abraham filed a photograph of the first page of printed slides from a PowerPoint presentation titled “WORKPLACE BULLYING”. In the covering email to this photograph, Ms Abraham said: “This was given to me by another colleague Linda and said that this is our boss Yolanda.” No date for this was provided.

Amended Statement of Ms Abraham dated 17 September 2021

1. On 17 September 2021, Ms Abraham filed an amended statement as directed. During the hearing, Ms Abraham stated she obtained assistance with this written response.  Her statement reads as follows:

“I am the Applicant in the above matter and wish to provide the following submissions in support of the application for an order to stop bullying

-          Various text messages and correspondences between the Applicant and Chemist Warehouse and staff as attached.

Submissions

Chemist Warehouse

1.        On 28 January 2021, I commenced working with Chemist Warehouse. Despite Chemist Warehouse stating that I commenced on 11 January 2021, I have an email from Katherine Orfanos of Chemist Warehouse dated 21 January 2021 confirming that she had received all of my employment information and police check and that I can start working shortly. I then received a text message from Chuan Suo advising that I could commence in February 2021. Yolanda […] added me to WhatsApp and set me a text on 24 January 2021 asking me to commence on 28 January 2021. I then received a further text message from Yolanda confirming my work hours and days. I asked Chuan if I could have my contract. However, the contract I received was all about protocol and procedures, including a Code of Conduct; I have never received a signed contract with my rostered days or hours.

2.        Since the beginning of my employment, Chemist Warehouse has allowed its staff (the above named in this complaint) to engage in bullying behaviour and has made no effort to properly investigate or take any appropriate steps to address the bullying with a view to having it stop entirely.

3.        On or around early February 2021, within the first week after commencing, a colleague (Tania) approached me and informed me about the internal personal dynamics within the workplace, stating specific details about a rift between the Tania and another manager. I was informed by Tania that the manager likes to play colleagues against each other and that the manager would turn on me too if I didn’t stand up for myself. Tania made derogatory comments about her own daughter (who is also a colleague) about their weight and eating habits. A former employee known to all parties and referred to hereafter as “S” approached me about this. I was also informed by Tania that complaints to HR go unanswered.

4.        On or around early to mid-February 2021, and during my first few weeks, I observed other colleagues being very careful around Yolanda, including Tania. This continued as I headed into my third week, when I began to notice that my colleagues, including those named in this complaint, were acting very guarded and reserved around me; they refused to communicate with me effectively to assist with the execution of common duties and they made me feel very isolated by making me feel excluded from the team and unwelcomed. In particular, I found it very difficult to get assistance on queries and no one seemed interested in helping me or being friendly.

5.        In or around mid-to-late February 2021, I raised the issue about staff standing around on the weekends with Yolanda and Chuan verbally. They told me that they would keep an eye on it, but indicated that they were aware of these issues.

6.        From the date I commenced up to mid-to-late February, I felt intimidated and humiliated by my colleagues and raised the matter with Yolanda. I was told that this is how it has been “for a long time” and that “HR are trying to fix it.” When I raised this again with Chuan, he told me “This is how me and Yolanda get treated as well. For the first six months when I started, I was treated unfairly but Yolanda copped it the worst.” I replied to Chuan by saying, “You feed bread to people who throw rocks?” to which he replied that I needed to try to work a “little harder to work better with my colleagues.”

7.        In or around late February to early March, I began feeling that another colleague had been instructed or, at least had taken it upon themselves, to monitor me closely, but without actually assisting me or seeing if I needed assistance (which I did). I was watched very closely when I was working the tills. On one occasion, the till was short of change and I was previously instructed that all cash must come from the back room dispensary. As it was a small amount, my colleague got the change from the other till, but I was also told that if I went to the dispensary to request the small amount (even though this was the protocol) I would be told to “fuck off”. I raised this with my manager and was given many excuses to explain that colleague’s behaviour.

8.        On 29 March 2021, I sent Yolanda a text with a picture of a customer’s name and number who wanted to make a complaint about the way I was treated by Ken, Lewin, Tia and Tim during that customer’s visit, as they were all just standing around chatting and had left me to fend for myself. It was obvious to the customer to the point where they felt the need to complain about it in my defence.

9.        On 30 March 2021, Yolanda approached me and told me that Chuan had looked at the cameras and could see that I was on my own the day before and that the cameras showed that this was the case every Saturday. Yolanda told me that the other staff members had been repeatedly warned about standing around and chatting on the weekend I was offered the role of weekend duty manager because management could see my potential with my work ethic.

10.      On 31 March 2021, we had a meeting about a recent staff engagement survey that we had been asked to complete in the preceding weeks. I was praised during this meeting for my work ethic and commitment to my role as weekend duty manager. At the end of the meeting, Yolanda and Chuan raised that I had been rude toward Isabella and that she was upset of what I had said to her about a month earlier. During this meeting, Yolanda asked me to apologise to Isabella. I was confused as to why I was being asked to apologise, given that Yolanda and Chuan had both confirmed that I was being isolated on weekends by the staff, including Isabella, but I did not want to lose my job or cause any damage to the relationship with my colleagues, so I apologised. I felt personally attacked, and did not understand why I was being villainised or feeling guilty when I was simply doing my job in ensuring that weekend staff are working productively and cohesively in a team.

10.1     I would like to state further that I had been told by Yolanda around this time that the weekend staff had been spoken to on a number of occasions about their poor work ethic on the weekends.

11.      In or around late April to early May, former employee “S” approached me about [Jane] saying, “I know you and [Jane] don’t get along.” This surprised me, as I had nothing against [Jane]. I also have text messages from S which say, “Good on you for standing up for yourself. No one deserves this treatment.” I then have another text message from S saying that she didn’t write any of those statements and that someone has used her name.

11.1     When I asked [Jane] if I had done anything wrong to her, she apologised for her behaviour towards me and said that she was dealing with some personal issues in her life. Yolanda knew about this but [Jane]’s attitude towards me did not change. I approached Chuan and asked whether I had done something wrong to [Jane] to which he confirmed that [Jane] was dealing with personal issues. He confirmed that I did nothing wrong and that if I did I would definitely be told about it.

12.      In or around early April, Yolanda told me to be careful around Jennifer as she is good friends with HR and that I could lose my job if I crossed her. Yolanda also told me not to trust Jennifer, Tania, Anita and Linda. I was also informed that Jennifer used to be the store manager but was stripped of her duties as she was unable to run the store effectively.

13.      On 20 April 2021, Yoland and Chuan had a meeting with me. They advised that  there had been a few complaints about me. I asked about those complaints and Chuan told me that he could not repeat them to me. I told him that I was not interested in knowing who made the complaints but wanted to know the nature of them. Chuan again refused to give any specific information but said that I had been intentionally bullying staff or had intentions to bully staff. I was also told that my behaviour towards other staff members was “intimidating”. I felt that I was being ambushed; I had no idea about these allegations or complaints and felt that I was being backed into a corner to admit to these allegations against me, without even being told the specifics about them. Chuan told me that he was worried that I was going to “lash out” at my colleagues. I was bewildered and confused by what was happening. I became very upset and I started crying. I felt unwell and confused and so I asked if I could be excused from the meeting and expressed to Yolanda and Chuan that I would like to go home for the rest of the day. I never simply “walked out”; I signed out of the computer and used my fingerprint to scan myself out.

14.      I returned to work the next day on 21 April 2021. I was still very upset. I signed in, said hello to everyone but go not a single response back from anyone. I went to the front counter and Maria said suddenly, “whatever was said in the meeting yesterday was not from me.” As I did not know about any of the specific allegations against me, I asked Maria what she meant or what she was referring to. She simply repeated herself and gave no further information.

15.      In around the first of week of May 2021, Tania approached me again on the shop floor and asked me if “we had a problem” – and I told her that we don’t have a problem and she told me to watch myself and then walked away. Yolanda and Chuan knew about this as I reported it to them both right away.

16.      On 4 May 2021, I asked S for the email for HR. S said “good luck” and explained that they had put a complaint in to HR and had heard nothing back about it.

17.      On 7 May 2021, I received an email from Anna which included only seven paragraphs from my statement. She indicated a meeting time and place. I never received any notification about any allegations about any inappropriate behaviour or conduct on my part in the workplace.

18.      On 16 June 2021, I sent a medical certificate to Yolanda and Chemist Warehouse. I also called Yolanda and told her that I had hurt my back on 12 June 2021 at work. But because I couldn’t point out where it happened at work (just that I was sore afterwards, as I was constantly bending up and down on Saturday), I apologised that I could not be specific about where the injury actually occurred. Yolanda told me that when I arrive to work the next day I needed to see Chuan.

19.      On 17 June 2021, I arrived at work and carried on with my duties. I was no aware that Yolanda was away. Chuan approached me and questioned me as to why I didn’t say good morning. I responded that he was busy when I arrived. Chuan told me to see Tania for my tasks for the day. I went to see Tania who explained that I needed to put stock away. I then asked Tania for an incident report form. She did not direct me to Yolanda as Yolanda was absent that day.

20.      Later that day, I had a meeting with Tania and Chuan in the meeting room. I was again accused of breaching protocols and procedures. Chuan told me that I would have to do dispensary duties, but because of my dyslexia I had expressed to management on numerous occasions that I did not want to do these duties. Chuan disagreed and said that I had to do it. I felt pressured and attacked again. I told Chuan that I wanted to lodge a WorkCover claim and that he was incompetent in his role. I never once swore, became abusive or aggressive towards Chuan or any other staff member. I asked Chuan if the meeting was finished. He said it was. I went to the storeroom and explained to Tania that I was going home. Tania hugged me and said, “I’m so sorry that you are going through this.” I asked Tania to let Chuan know that I was going home and Tania said that it was OK and that she would tell him. I never once mentioned to Tania or Chuan that I intended to see a lawyer.

20.1     I was never provided a written letter to prepare myself for the meeting; I was simply taken off the shop floor suddenly and without notice.

20.2     Chemist Warehouse should be able to present minutes from the first meeting with Yolanda and Chuan and myself where they allege to have discussed my performance, rather than rely on their statements provided after the fact. Chemist Warehouse is obligated under relevant laws and statutes to record all disciplinary proceedings with staff.

21.      I intend to continue working for Chemist Warehouse but I am afraid that they have demonstrated a propensity to not react in relation to reports about bullying in the workplace. If an order is not made, I believe Chemist Warehouse will continue to let the bullying continue. The above therefore highlights the more general nature of the poor work environment I was subjected to but I intend to further outline the specific instances of bullying by each above named party to this complaint.

22.      With Ken, Tia, Isabella and Lewin, I was constantly isolated every Saturday pretty much from the 16/02/2021 on wards. With many complaints I put forward to management. I even ask Yolanda and HR if I could change from Monday to Friday as this was a constant form of behaviour from my colleagues. (Statement attached) from 1st draft sent to commissioner.

23.      With Yolanda […] resigning, her behaviour towards me became hostile and

unapproachable as a manager. (Statement attach) from 1st draft sent to commissioner.

24.0     Jennifer was very unapproachable and her behaviour towards was very intimidating (statement attached) from 1st draft sent to commissioner.

25.      Taina always had moon swings and approaching Taina would make me feel uneasy. This behaviour was constantly like this right after her telling me about the manager Yolanda […]. Her intimidating me on the shop floor. (Statements attach) from 1st draft to the commissioner.

26.      [Jane] behaviour towards me was hostile and unwelcoming as she never made me feel apart of a team. This behaviour from [Jane] was constant right up till the 16/06/2021 with [Jane] apologising a second time for her behaviour towards me. (Statement attach) from 1st draft to the commissioner.

27.      Chuan would never acknowledge my complaints about the way I was been treated by my colleagues. Always making excuses.

28.      With in the second week with Chuan requesting me to write a statement about Taina. I express about my dyslexia.

29.      When it came for me to work in dispensary I always express under the health and safety of the customers that I didn’t want to do dispensary cause of my dyslexia. Chuan ignore my concern and still made me work in dispensary. I became fear full as I felt my dyslexia was taken granted for.

30.      If I was to return to CW I feel this constant behaviour from my colleagues would not change as this was never addressed right from the beginning. It was constant then and if you look at the statements, it’s still constant now. I feel the bully and harassment from my colleagues would continue and this is a health and safety issue for me and it’s been said that I'm not wanted back.”

1. Ms Abraham then went on to provide specific allegations about particular persons named. I have noted if the person is no longer a Person Named, but have included the material in any event:

“Yolanda [No longer a Person Named as she resigned from the store]

1.        On 12 February 2021, Yolanda sent me a text message (attached) asking me to write a statement about Tania and her performance. The letter was to be addressed to Yolanda and Chuan. In the letter I explained the issues between Tania and Yolanda (attached). I have text messages from both Yolanda and Chuan with their personal email addresses requesting me to write a statement in support of them; I told Yolanda and Chuan that I wanted to have nothing to do with the situation. This was mostly because I was new in the work place and didn’t want to jeopardise my job. I told Yolanda about this via email and Yolanda replied confirming that my job would not be in jeopardy (attached).

2.        On or around 23 February 2021, I had a discussion with Yolanda about Isabella after all other colleagues had gone home. I told Yolanda that Isabella had tried to strike up a conversation with me after weeks of ignoring me or being rude, and I asked her, “Why all of a sudden do you need to chat with me?” I then explained to Yolanda that I told Isabella that she had been rude to me and had an unprofessional work ethic and behaviour and that it looked bad to customers when other colleagues are standing around and chatting while ignoring me and isolating me. In particular, these colleagues were [Lewin], Tim, Ken, Isabella and Tia.

3.        On 21 April 2021, I was approached by Yolanda while I was doing some duties in the first aid aisle. Yolanda said that it was good to see me back at work. I asked Yolanda about what had happened the day before and Yolanda stated that Chuan was out of line with his questioning and the way he put the complaints to me. I referred Yolanda to Maria’s comments that morning, to which Yolanda responded by downplaying Maria’s comments, saying words to the effect of, “Maria is no dummy; everyone knows that when people go into that office you’re in trouble.” I then responded, “How would they know if I was in trouble; I could have been getting training
etc. etc.” Yolanda said bluntly, “Look, if you’re unhappy about it, go to HR or go see a lawyer, but don’t go against me,” or words to that effect.

4.        On 1 June 2021, I was talking to Yolanda about how I was feeling and Yolanda explained to me that she can’t afford to get sick and that when she had her spleen taken out she became prone to bugs and infections and so no one should be at work when they’re sick. I then asked Yolanda why I was sent home when Ken and Tye were allowed to stay at work; noting that this is how I got sick in the first place. Yolanda said that she did not know about Ken and Tye’s sickness. I believe this was a lie.

5.        On 8 June 2021, Taylor and I were working in the dental care aisle. I worked on the side with toothpastes and Taylor was on the side of the aisle with men’s deodorants. I spent my entire shift in this aisle on this day. The next day, Yolanda found a mistake with the men’s deodorant side and asked me about it. I simply said that I was working on the opposite aisle and that she would need to ask Taylor about it. Yolanda responded by saying “Taylor should have known better.” I was not sure what she was talking about.

6.        On 18 June 2021, I rang Yolanda and told her that I was going to see a doctor to get a medical certificate. Yolanda asked me why and I began to get emotional, so I told her that I would explain more once I’ve seen a doctor and return to work. I then hung up.

7.        I feel that if an order is not made, Yolanda will continue to bully me by treating me unfairly, especially in relation to other staff. I want to return to work but I am afraid of how I will continue to be treated by Yolanda and others if an order is not made to prohibit the above behaviour. I have felt marginalised and intimidated by this person.

Jennifer [Ms Abraham withdrew her application as against Jennifer during the hearing]

1.        When I first met Jennifer around the commencement of my employment, she was introduced to me as “Jennifer” but only from a distance: “That’s Jennifer over there.” I assumed that her preferred name was therefore, Jennifer, but later that morning I was approached by a customer about a product that I had no idea about. I approached Jennifer to ask about the product and called her by her name, to which she suddenly turned and snapped loudly, “My name is ‘Jen’, not ‘Jennifer’”. I apologised to her and explained that I was told by Yolanda earlier that day that her name was Jennifer. She simply replied bluntly, “Well, Yolanda told you wrong.”

2.        At around 9am on a Tuesday in the beginning of April 2021, Jennifer approached me on the shop floor. We started shifts at the same time. I was already on the shop floor doing stock when Jennifer came down and said “good morning,” to me, and I replied by saying “good morning”. Jennifer stopped and said to me, “what’s your problem,” to which I replied, “what problem?” (Implying that I clearly did not have a problem). Jennifer said, “I said ‘good morning’ to you and you just grunt at me?” I said calmly and politely, “Jen, I’m always saying ‘hello, good morning’ to you with no response.” I asked ,“ Is there a specific way to greet you, Jen.” Jen turned and walked away and I was told later by Yolanda that Jen’s version of events to Chuan was completely different to that which I have just described above. Yolanda told me that she was my witness and that she explained to Chuan what had happened between Jen and me.

3.        I feel that if an order is not made Jennifer will continue to bully me by treating me unfairly, especially in relation to other staff. I want to return to work but I am afraid of how I will continue to be treated by Jennifer and others if an order is not made to prohibit the above behaviour. I have felt marginalised and intimidated by this person.

Tania [Ms Sneek; Person Named]

1. In or around the last week of April 2021, I was confronted twice by Tania. Tania confronted me again in the lunch room and asked me what I had been saying about her to Yolanda. I told Tania that I did not know what she was talking about. Tania told me that I better watch my mouth and that I am not to speak her name.

2.        In around the first of week of May 2021, Tania approached me again on the shop floor and asked me if “we had a problem” – and I told her that we don’t have a problem and she told me to watch myself and then walked away. Yolanda and Chuan knew about this as I reported it to them both right away.

3.        I had been off work for the previous 10 days, and on 1 June 2021, Tania asked me how I was feeling. I told her that I wasn’t feeling 100 per cent but a lot better than I had been feeling recently. I told Tania that I was confused as to why everyone else was allowed to stay at work when they are sick, but I was sent home, to which Tania replied, “That’s Yolanda for ya – one rule for one and not for the rest.

4.        I feel that if an order is not made Tania will continue to bully me by treating me unfairly, especially in relation to other staff. I want to return to work but I am afraid of how I will continue to be treated by Tania and others if an order is not made to prohibit the above behaviour. I have felt marginalised and intimidated by this person.

Anna [Ms Nipperess is not a Person Named]

1. On 12 June 2021, I had a meeting with Anna. I was told by Anna that I was too “emotionally involved”. I told her that I was “emotionally drained and stressed” because no issues were being resolved, despite me continuously raising these with management. Anna told me that she was aware of issues in the workplace between Tania and Yolanda and that HR were “working on it”. I queried why it seemed to have taken two years to resolve and Anna said “because we have to dot our ‘I’s’ and cross our ‘T’s’.”

2.        On 2 June 2021, Anna met with me and Chuan. I was told that because I had no witnesses and no specific dates that there was nothing that could be done about my complaint. I feel strongly that this was a whitewash and an attempt to ignore the behaviour of other staff and that I was expendable to them. In this way, I felt bullied.

[there is no paragraph 3]

4.        I feel that if an order is not made Anna will continue to bully me by treating me unfairly, especially in relation to other staff. I want to return to work but I am afraid of how I will continue to be treated by Anna and others if an order is not made to prohibit the above behaviour. I have felt marginalised and intimidated by this person.

Chuan [Mr Suo; Person Named]

1.        On 9 June 2021, I spoke with Chuan about the bag policy in the storeroom. When I explained to Chuan that I was aware that everyone else does this, he denied this and said that everyone leaves their bags upstairs. I also spoke with Chuan about raising my HR complaint with Store Office Support and told him that I did not do this to breach confidentiality but because of how desperate I was to have someone else hear my complaint and resolve the issues in our store. No one seemed to care how I was being treated unless I had direct evidence of it.

2.        On 10 June 2021, I asked Chuan if we could have a chat in the storeroom. I asked Chuan whether it was Jennifer who had informed him that I had bought my bag down three minutes before my shift ended and I wanted to know why I was suddenly being targeted for such a small thing, when everyone else did the same thing. I told Chuan that S had approached me and told me that Jennifer questioned S and [Jane] about me because Jennifer had been watching me on camera. Chuan denied this. I later asked Ken an Andrew about the bag policy and they both said that they were not aware of that policy. Later on, S told me that Chuan had asked her and [Jane] about their bags and S said that [Jane] had told Chuan not to bring her into it. I never spoke to S or [Jane] about the bag policy.

[Jane] [Ms Abraham withdrew her application as against [Jane] during the hearing]

1.        On 16 June 2021, S, [Jane] and myself worked a night shift and [Jane] approached me on that shift and apologised to me for the way she had been treating me and her manner towards me on some occasions. It was amicable between us and accepted her apology and we continued with the shift.

2.        [Jane]’s involvement in specific instances has been included in other paragraphs above. I refer now to those.

3.        I feel that if an order is not made [Jane] will continue to bully me by treating me unfairly, especially in relation to other staff. I want to return to work but I am afraid of how I will continue to be treated by [Jane] and others if an order is not made to prohibit the above behaviour. I have felt marginalised and intimidated by this person.

1. Ms Abraham provided the following summary in closing:

“Summary

1.        I am a good worker and loyal, but I was constantly isolated and belittled by the staff and have been the subject of constant bullying. The behaviour is often intangible and is difficult to prove with evidence, but there has been consistent issues with the store and staff in the store and everyone is scared to speak up against management because nothing gets done and no issues are ever resolved.

2.        I enjoy my role and appreciate the opportunity Chemist Warehouse has given me. However, I would like for the bullying to stop and for me to be able to return to my role without fear of retribution or differential treatment by other staff and management.

3.        The contents of this statement are true and accurate to the best of my knowledge and recollection.

4.        I would be pleased to answer any further questions the Commissioner or the Respondent(s) may have.”

1. On 28 September 2021, the Respondent lodged statements from each of the Persons Named. These statements are discussed further below. On 7 October 2021, in response to the statements of the Persons Named, Ms Abraham submitted the following:

“1.         I disagree with Ken statement. Ken never supported me. Some days Ken wouldn’t even talk to me. I always had to ask Ken for help. I  remember we were on a brake together. Ken ask me “ how do I like the job”. I Told ken I really enjoy the job, I’m just confused on the isolation. Oh it’s normal. I got the same treatment.

2.        Ken did tell me to f*** off cause hirushi was covering for another colleague on this Saturday.

3.        Ken did isolated me especially on Saturday’s.  Even though Tim was the weekend duty manager. Ken would always tell me what to do.

4.        If Ken wasn’t hanging out the back in dispensary with the pharmacist or taking xtra long breaks. It was me that was always working. I’ve always communicated with management about this behaviour.

5.        Ken was always spoken too about his breaks by Chuan,  I don’t think this happen as Ken was still go over his breaks.

6         As management has always express that we much sign in on the computer. On the 12/06/2021, ken never sign in, took longer breaks and even when empty the bins. Ken decided to stay up Their and have a smoke. 

7.        Ken did agree that he was ask to watch me, now he is denying this.

8.        I ask Ken “why do you only watch me on tills. Ken reply “Not like that”. I express it is. You make me feel so uncomfortable like I’m going to steel.

9.        You never watch me anywhere else in the store.

10.      In CW statement that Ken is the most senior person on the floor. Doesn’t this statement undermined the other colleagues that have been their way longer than Ken.

————————————————————————-

1.        28/29 February 2021. Isabella had a verbally conversation about me and my behaviour when the former manager had told me that Isabella has had plenty of warnings standing around in aisle with other colleagues. I express this behaviour to management multiple times on been isolated.

2.        I was never told that I verbally abuse Isabella in the survey meeting held on the 31/03/2021.

3.        I was ask by ex former manager to apologise to Isabella. I was confuse cause I couldn’t understand when  I was the one been treated unfair by Isabella behaviour  even when I was told that Isabella was spoken to about her work ethic.

4.        In my Probation Report, Isabella does not even mention what verbal language I use.

5.        Isabella statement in paragraph 2. I accused two colleagues of taking my drink. I didn’t even talk to Isabella, it was Ken and kade and we where laughing, Ken offer to put a sign on the fridge just to remind everyone not to help themselves to anyone stuff. This is absurd in what Isabella is saying.

Paragraph 3.  Their was a child in the store with out their parent as the child was just wondering around the store call out for mum/dad so I become concern for the child,  I ask Ken to help.  Isabella was out the back in dispensary chatting with the pharmacist. I ask Isabella if a parent has come forward about their child. Isabella attitude was like who cares. I left to see if Ken had any progress.

I went to management constantly about my colleagues behaviour on the Saturday shift, now Chuan is acknowledging that he had spoken to my colleagues about my complaints with their performance and standing around chatting.  It seems no one has been approach at all.
————————————————————————-

Im confuse with [Jane] as I did everything to be apart of the team. I always acknowledge [Jane].

2.        I never ask [Jane] if she had a “problem” I ask [Jane] if I’ve done anything wrong because of her behaviour towards me.

3.        [Jane] did apologies to me as she was dealing with personal matters in her life.

4         [Jane] behaviour didn’t change even after her first apology. I was still totally ignored. 

5.        Why would I have a problem with [Jane] helping me with a customer when not all of us have access to the computer. We all need help.

6.        I have never verbally abuse [Jane]. This has just absolutely astonished me.  

7.        16.06.2021 I work with [Jane] on a night shift. As I was on my lunch break. [Jane] once again apologise for her behaviour towards me. I accept her apology and things we good as we laugh most of the shift.

8.        [Jane] started to open up to me about the treatment she received from the ex former manager.

9         [Jane] was confiding in me with the way [Jane] was been treated. [Jane] said she was scared and that she needs this job and that I had no idea what  the ex former manager has done to her.

10.      So I’m confuse on these allegations from [Jane] when she has been the one apologising not once but twice. 

I absolutely disagree with [Jane] statement.
————————————————————————

1.        Jennifer never said hello/good morning to me even though I would say hello/good morning to her.    

2.        I always felt uncomfortable around Jennifer.

3.        I always had to apologise for asking for help.

4.        When Jennifer confronted me about not getting a response by saying hello/good morning. It was so embarrassing as it was in the shop floor.

5.        When I was introduced to Jennifer. I never call Jennifer, Jenny

6.        When I was been train by Jennifer in dispensary, I had to express my dyslexia and was very uncomfortable been in this position, even though management knowing of this. I was scared but I tried.

7.        When I was put with another colleague to train me, Jennifer comment to me, “ Chuan wants you with (I’ll use the letter of the colleague) C as she is competent cause I’m incompetent. Never understood why Jennifer said this.

Absolutely disagree with Jennifer statement.
—————————————————————————-

Lewin, was the same. Isolated me as I tried to be apart of the team but I was really excluded.

2.        I always reported this behaviour.

3.        No hello or good bye from Lewin.

4.        But two weeks before the 17/06/2021, Lewin started to make a effort by saying good morning.

So I disagree with Lewin statement.
—————————————————————————

1.        The first weekend me and Tia work was good, Tia telling me about her counselling course.

Summary of oral evidence given at hearing

Ms Amanda Abraham

1. At the hearing of this matter on 20 October 2021, Ms Abraham gave the following evidence under oath.  Ms Abraham denied that the first complaint she made, on 4 May 2021, about the treatment she received at work, was in response to concerns that were raised about her own conduct toward other employees.

1. Ms Abraham denied ever being spoken to about her conduct toward others. She said that she had always behaved respectfully in the workplace.

1. Ms Abraham denied yelling at Mr Suo, but then when shown the text message sent by Shayde Roback, indicating she had heard Ms Abraham yell, Ms Abraham agreed that she had raised her voice to Mr Suo. She said she only did so purely out of frustration.[1]  Given she had included in her text that she did so because she was “so fucking angry”, I asked Ms Abraham where she was when she had the conversation with Mr Suo.  She stated that she was in a closed room with him, and Ms Roback would have been on the other side of the closed door. 

1. Ms Abraham admitted to calling Mr Suo “incompetent”, and said:[2]

“If you understood the comment that I was relating to in the format of me being - the behaviour that I was being treated by Ms Muir. Okay, I was being - I felt I had been targeted and the reason why I said he was incompetent, because the protocols and procedures are profound. This behaviour in the workplace is unacceptable and I tried and tried to reach out because of what was going on in the workplace about the policies and procedures but it was me that was constantly getting targeted. I have admitted to all of it. I don't have a problem, but if you want to perceive it that way and I said what I said, but that was purely out of frustration.”

1. Ms Abraham further denied that she had not always behaved respectfully in the workplace, and of calling Mr Suo “incompetent”, added, “It was a closed meeting. It was not in front of any other staff. It was directed at - yes, it was directed by Chuan but that's purely out of frustration. But I have behaved properly in the workplace.”[3]

1. When asked how calling Mr Suo “incompetent” would have made him feel, Ms Abraham responded, “How do you think I feel of having no - no safety for myself. I turned up every day. I was polite. I've never refused anybody. I've never verbally abused anybody.”[4]

1. Ms Abraham agreed that she said to Mr Suo at this time that she was going to lodge a WorkCover claim.  I asked her on what basis she considered she could bring a WorkCover claim to which she responded that she said she would, “Out of frustration, Commissioner, because I was not getting heard. About the torment of the policies and the procedures and legalities of the whole store. You can't just point out one, to one person when we were all breaking the rules.”[5]  Ms Abraham denied saying that she was going to see a lawyer during this conversation.

1. Ms Abraham reaffirmed her accusation that Mr Hu, Ms Thornton and Ms Mann would stand around on weekends, talking while not doing any work. Ms Abraham said she felt isolated when they were in aisles, talking together.  She considered that none of these people had the right work ethic.  She said she had hoped by bringing this issue to the attention of management it would result in the workers displaying greater productivity.  Ms Abraham said that she felt that she was being isolated by them, and that she was doing more work than them.

1. When asked whether it was her frustration that caused her to behave differently to them, Ms Abraham said, “No, I never behaved any differently. I was always going to my colleagues for help. No one came to me to support me. Nobody offered me support or anything.”[6]

1. When it was put to Ms Abraham that she rebuffed Ms Mann and was rude to her when Ms Mann had tried to strike up a conversation with her, Ms Abraham said, “That is incorrect. Isabella never tried to strike up a conversation with me.”[7] Ms Abraham was taken to her statement where she said that Ms Mann had tried to strike up a conversation with her and she stated that she had said to Ms Mann, “Why all of a sudden do you want to chat with me?” Ms Abraham answered:  

“That response there was because everybody had gone home and she had no one to talk to, and it was at 4 o'clock because Lewin had left, Tia had left and (indistinct) had left (indistinct) had left. And that's when I said to Isabella why all of a sudden do you need to talk to me. I did say that because it was being unfair all day that on that Saturday every other Saturday that nobody talked to me. Nobody had anything to do with me, they all isolated me. And Isabella constantly saying, you know, I'm sorry, I'm sorry but every Saturday it was the same routine. So it wasn't me. I tried really - - -“

1. It was established that by the time of this incident with Ms Mann, Ms Abraham had only worked four Saturday shifts. I discussed the following with Ms Abraham:[8]

Commissioner:           And you're new and trying to learn the job and then suddenly there's only you and her left?

Ms Abraham:             Yes.

Commissioner:           And your evidence in writing is that she tried to strike up a conversation but your evidence orally just a few minutes ago was that she didn't tried to strike up a conversation. So which one is it?

Ms Abraham:             No Isabella didn't - Isabella didn't do that.

Commissioner:           Then why are you writing here, 'I told Yolanda that Isabella had tried to strike up a conversation with me'?

Ms Abraham:             Yes, no, Isabella came to me and started talking.

Commissioner:           So she did try and strike up a conversation?

Ms Abraham:             Okay, yes, okay.  All right, my apologies.

1. In oral evidence, Ms Abraham asserted that Mr Hu had been isolating her when they were inside the store, but was otherwise nice to her when they were outside of the store.  Her evidence was as follows:  

Ms Muir: Okay.  In your application, Ms Abraham, you also said that Ken isolated you, is that correct?

Ms Abraham:             Correct.

Ms Muir:Okay.  But someone who's isolating you, would they ask you how you like your job?

Ms Abraham:             That was at a - that was at a smoko break.  I was on a lunch break and Kenny came out on a - had a food/smoko break.  And we sat out the back of the storage building.  So that - - -

Ms Muir:So you confirm that he did ask you how your job was going?

Ms Abraham:             Correct.

Ms Muir:Yes.  And though he wouldn't help you by telling you what to do on weekends?

Ms Abraham:             Do you want to know about the conversation though, Ms Muir?

Ms Muir:  Yes, go ahead?

Ms Abraham:             Okay.  So, here's Kenny, came out the back and did ask me, you know, 'How do you like your job.'  I just reacted, 'I really like my job.'  I said, 'I'm just confused on - with the people's behaviour.'  And he goes, 'Don't worry about them,' he goes, 'I got that same treatment too.'  He goes, 'But you know, they'll warm up, they'll get used to you, you know, but don't worry about it.  But that's how I got treated.'  And you never did (indistinct) normal behaviour inside the store.

Ms Muir:So based on that, so rather than isolated you, Ken supported you and asked you how you were going, that's correct?

Ms Abraham:             That's correct, yes.  It was outside in the lunch break.  That was just a conversation.  There's a difference between outside and inside.  Inside of work there was no support.  I always had to go to Kenny for support.  I was not put with anybody for training, I was not - people didn't come to me and say, you know, 'Are you okay, Amanda, do you need a hand?'  There was only one person that was really supportive.  And I'm sorry, Kenny did not behave in that manner.

1. Ms Abraham took exception to Mr Hu giving her instructions in the store.  She considered only an employee named Tim should give her instructions.[9] Ms Abraham did not name Tim in her application as a person who has bullied her, even though she stated that Tim was one of the five employees who would chat in the aisles and not provide appropriate assistance to customers when Ms Abraham was busy at work.

1. Ms Abraham was asked questions about a meeting held with her on 31 March 2021, approximately two months after she commenced employment.  The meeting was conducted by Yolanda and Mr Suo. It was put to Ms Abraham that they had raised with her their concerns they she had spoken rudely to Ms Mann.  Ms Abraham denied that concerns were raised with her, but did say that they wanted her to apologise to Ms Mann because she was upset. Ms Abraham considered that they had regard for Ms Mann being upset, but had not had any regard to Ms Abraham being upset about being allegedly isolated.  I had the following exchange with Ms Abraham:

Commissioner:           Just one moment.  So it says here, 'On or around 23 February, I had a discussion with Yolanda about Isabella after all other colleagues had gone home.'  And that's (indistinct) conversation part.  'I then explained to [Yolanda] that I had told Isabella that she had been rude to me and had an unprofessional work ethic and behaviour.  It may look bad to customers when other colleagues are standing around and chatting while ignoring me and isolating me.'  Is that what you said to Isabella, is it?

Ms Abraham:             Yes.

Commissioner:           You told her that she had been rude to you and had an unprofessional work ethic?

Ms Abraham:             I said (indistinct) her work ethic look bad, only because I was getting told that myself.

Commissioner:           So you told this to a peer -Isabella's your peer, right?

Ms Abraham:             Well, I was hoping to be.

Commissioner:           Right. And then Yolanda and Chuan hear about this and say they think that you've been rude to her and they want you to apologise?

Ms Abraham:             They wanted me to apologise.  So - but I went and as you can see, I told them everything.

Commissioner:           Okay.  But the thing about this, how does it sound -you've been there for four weeks and you're telling Isabella that she's rude to you and she has an unprofessional work ethic.  How does that sound?

Ms Abraham:             Okay.  Yes.  That probably does sound not appropriate.  I understand there.  I understand that.  But here is the fact of when I have been – the behaviour – I was more about looking at the (indistinct) and the customer because we were constantly told that our customers come first and standing around in a group down an aisle does not look good.

Commissioner:           But that's – you don't go and - - -?

Ms Abraham:             No.  No.

Commissioner:            -operate your equality.  You go and talk to (indistinct) about that.  What were you thinking telling Isabella.  Isabella, you're still here aren't you?

Ms Mann:                   Yes.

Commissioner:           How old are you?

Ms Mann:                   I'm 20 years old.

Commissioner:           Twenty.  So how old are you Ms Abraham?

Ms Abraham:             Nearly 50.

Commissioner:           Sorry?

Ms Abraham:             Nearly 50.

Commissioner:           Nearly 50.  So you're four weeks in and you've said to her that she's unprofessional and being rude to you?

Ms Abraham:             Yes.

Commissioner:           And then Yolanda and [Chuan] call you in to say, 'You made her upset.'?

Ms Abraham:             Yes.

Commissioner:           Right.  So what do you think about that?

Ms Abraham:             Well, I think we should have both been stepped down together.  It seems I didn't get an apology back when I had managers come to me about their work ethic of how they worked - - -

Commissioner:           Just talk about Isabella here?

Ms Abraham:             Yes.  I'm talking about Isabella when - - -

Commissioner:           So what has she done to you on this day?  You thought she was a bit lazy and you thought that she only had spoken to you because you're the last person in the room and she had ignored you?

Ms Abraham:             True.

Commissioner:           The other time?

Ms Abraham:             True.

Commissioner:           So you were [upbraiding] her – you're chastising her and then you then get called in and told that that was inappropriate?

Ms Abraham:             I was never spoken to what was said.  I just said I was just explaining that I upset her.

Commissioner:           Yes?

Ms Abraham:             That's all.

Commissioner:           Yes.  On the 31 March.  This is – you know – it is a month later?

Ms Abraham:             Yes.  It is a month later.

Commissioner:           They tell you that you have been rude towards her and she was upset and Yolanda asked you to apologise.  You were confused as to why you were being asked to apologise because you think that management had confirmed that they had been a bit lazy on weekends?

Ms Abraham:             Because – and that's why I was told.

Commissioner:           But it's not about - - -?

Ms Abraham:             No, I understand.

Commissioner:           It's about you telling this 20 year old?

Ms Abraham:             Yes.

Commissioner:           That you'd only worked with for a few weekends you're – what did you say, 'You're unprofessional.'  What do you think about that?

Ms Abraham:             No.  I'm afraid that's not enough.  (indistinct) mannerisms – I understand it (indistinct) a couple of times.

Commissioner:           (Indistinct)?

Ms Abraham:             No, it's not.  Whereas I had to get support by managers it probably wouldn't have gone there.

Commissioner:           Well, you were only four weeks (indistinct)?

Ms Abraham:             I know.  I understand.  I hear what you're saying Commissioner.

1. Ms Muir referred Ms Abraham to a meeting she had with Mr Suo on 17 June 2021.  Having regard for Ms Abraham’s reading difficulties, I assisted by putting to Ms Abraham what it is Mr Suo complained of:

Commissioner:              So it's the bottom of page 93 it's Mr [Suo’s] evidence that you did swear.  You became aggressive and abusive and you said, 'Bullshit.  Youse are shit.  I will do a better job as a fucking manager than both of you.'  And raised your voice.  And was punching one hand with the other while talking?

Ms Abraham:                (Indistinct) that's very incorrect.  I express with my hands.  That's all.  This is all I do because of my dyslexia I speak with my hands.  I never did this.

1. Ms Abraham denied saying “Bullshit” and “I’ll do a better job than the fucking manager”.[10]

1. Ms Mann’s evidence is that Ms Abraham had said in relation to the alleged theft of her Red Bull drink being taken from the fridge, “I’m a nigger you don’t want to mess with.”  Ms Abraham denied making this statement.  Ms Abraham said she had understood she was of Maori heritage but learned recently she is of Tahitian European heritage.

1. Ms Mann’s evidence is that Ms Abraham asked her if she knew where a child’s parents were, as a child was unsupervised in the store.  Ms Mann’s evidence is that later that day, Ms Abraham walked behind her, and when Ms Mann didn’t know she was there and accidentally backed into Ms Abraham, Ms Abraham said to her, “Do you have a fucking problem.”  Ms Abraham denied she said this to Ms Mann.

1. Ms Abraham conceded that she did not inform anybody of her dyslexia prior to being employed.  She stated that she was somewhat embarrassed and wasn’t aware that she may have to assist customers reading items, or simply be a store person.  She stated that she would always seek assistance if she had any difficulty with reading an item.[11]

1. I asked Ms Abraham what kind of orders she requested the Commission make.  She stated that Mr Suo should be ordered not to address any performance issues with her unless it is in writing.[12]  Regarding Ms Sneek, Ms Abraham said she would like for Ms Sneek to stop being “double-sided.”[13] Ms Abraham requested an order be made requiring Ms Thornton to greet her when they work together.

1. In cross-examination, Ms Mann put to Ms Abraham that they had engaged in many discussions, including Ms Abraham discussing her children, her pets, her ex-husband, and Ms Mann discussing her university studies.[14]  Ms Abraham considered that Ms Mann only talked to her after 4:00pm when they worked on shifts together, and only after other colleagues had left the store for the day.

1. Ms Abraham reiterated that she did not think it fair when her colleagues were chatting between themselves in aisles, and she was left to serve customers.[15] 

1. In cross-examination, Mr Hu put it to Ms Abraham that she had twice grabbed his hands and remarked on how soft they are.  Mr Hu suggested that at no time had Ms Abraham self-reflected on how that might make him feel.  Ms Abraham denied touching his hands.[16]

Ms Isabella Mann

1. In oral evidence, Ms Mann confirmed that Ms Abraham did not swear at her when Ms Abraham chastised her about only speaking to her when the other colleagues had left for the day. Ms Mann stated that Ms Abraham did swear at her when Ms Mann accidentally bumped into Ms Abraham, when she stated, “Do you have a fucking problem?”

1. Ms Mann stated that she has never received any warnings about her work performance, however she was reminded not to stand around talking to other staff.[17]

Ms Tia Thornton

1. Ms Thornton said she recalled working approximately three shifts with Ms Abraham. Ms Abraham put to Ms Thornton that on one occasion when Ms Thornton attended a social lunch with her mother on the work premises, Ms Thornton looked at Ms Abraham with disdain.  Ms Thornton denied doing so, and said she can’t recall looking at Ms Abraham, and in any event, was simply there socially.  Ms Abraham put to Ms Thornton that she does not greet Ms Abraham when Ms Abraham attends for work.  Ms Thornton stated that she had not heard any greetings from Ms Abraham and would likely have been serving customers.

1. I asked Ms Thornton if Ms Abraham returned to work, would she greet Ms Abraham?  She confirmed she would. 

Tania Sneek

1. Ms Sneek stated that when Ms Abraham commenced work, Ms Abraham asked her if she got along with Yolanda, to which Ms Sneek shared that it was a bad time to have started as Ms Sneek was having some issues with Yolanda.[18]

1. Ms Sneek stated that Ms Abraham did say to her and Mr Suo on 17 June 2021, “…shit, youse are shit, I would do a better job as a fucking manager than both of you.”

1. I asked Ms Sneek if Ms Abraham returned to work, what’s it going to be like? She responded:[19]

“Well, I'm just going to be quite respectful and (indistinct) in my thoughts (indistinct) Amanda, I think every time she's come to ask me for help I have been accommodating and helped her so that's all I can do is be respectful and accommodating to her.”

Mr (Ken) Hu

1. Mr Hu stated that on Saturdays, the level of experience in the business is the pharmacist, then Tim, then Mr Hu.  Mr Hu stated that he and Tim typically had a quick chat on Saturday mornings about which staff would be best placed to work in particular areas.  Mr Hu denied stating that the relevant pharmacist on charge on one particular day would tell the person requesting change to “fuck off”. He stated that she would have told the person requesting change to go away.

1. Mr Hu stated that when he first joined Chemist Warehouse, he found it a little difficult to fit in, as his brother was employed as a pharmacist, and Mr Hu needed to demonstrate that he earned his role on his own merit.  He stated that he tried extra hard to make connections with his colleagues.

1. Mr Hu was asked why he watched Ms Abraham at the till so often.  He responded:[20]

“….. and to make you (indistinct) as soon as - as quick as possible, because like you said (indistinct) and extra person that can do everything is always better than someone that has to go asking for, 'Ken, how should I do this?  Timmy, how should I do that?'  So it's actually my best interests and also Timmy's best interests, and also Chemist Warehouse's best interests to train you up to scratch.  So that's why I purposely - you know, I do put a lot of effort and also attention on you because I want to jump in when you actually struggle (indistinct) or when you actually don't know what to do.  So that's my original intention.”

1. Ms Abraham put to Mr Hu that she was a fast learner and didn’t need for him to watch her so intently.  Mr Hu disagreed and stated that she was not a fast learner, and in fact, he had to repeatedly tell her the difference between the pink and yellow tags.  Further, Mr Hu said that on weekends, only he, Tim and the pharmacist had the authority to authorise refunds, so he was more often at the front of the store for this purpose.  Mr Hu explained that Saturdays were a busy day for refunds.[21]

Mr Chuan Suo

1. Mr Suo stated that he asked Mr Hu if he had said, with respect to asking the pharmacist for change, that she would tell the person to “fuck off”.  Mr Hu denied saying that, and informed Mr Suo that he had said the pharmacist would say to go away.

1. Mr Suo confirmed that in early 2021 there were issues between Yolanda and Ms Sneek.  He asked Ms Abraham for a statement if she knew of any issues between them, although Ms Abraham had only just joined the business. In my questioning of Ms Abraham and Mr Suo, it appears that Yolanda had asked Ms Abraham for a statement, detailing whatever critical statements Ms Sneek had made about Yolanda. 

1. Mr Suo stated that Ms Mann had come to see him on 28 February 2021 to report Ms Abraham’s behaviour.  I asked him why it took one month to address the issue with Ms Abraham?  He responded that Ms Mann had wanted to see how things would pan out, and she was also intimidated by Ms Abraham and concerned as to consequences.  He said that Ms Mann wanted to see if things would improve over the next four Saturday shifts.[22]

Consideration

1. In order to make final orders in an anti-bullying application, there are two requirements under s.789FF(1)(b) of the Act. The Commission must first find that Ms Abraham has been bullied at work by an individual or a group of individuals, and secondly, that there is a risk that Ms Abraham will continue to be bullied at work by the individual or group concerned.

1. Once these two requirements have been satisfied, s.789FF confers on the Commission a broad, discretionary power to make any order it considers appropriate (other than an order requiring payment of a pecuniary amount) to prevent an employee from being bullied at work.

1. There is no dispute that the employer is a constitutionally-covered business, and it is also accepted by the parties in this case that the alleged conduct, if it occurred, took place whilst Ms Abraham was at work.

1. The application of s.789FD has been discussed in various decisions of the Commission where it has been held that the terms of s.789FD are to be applied objectively and that s.789FD(2) ‘reasonable management action carried out in a reasonable manner’ is not so much an ‘exclusion’ but a qualification which reinforces that bullying conduct must of itself be unreasonable.[23] It also emphasises the right of management to take reasonable management action in the workplace.[24]

1. In Mac v Bank of Queensland Ltd,[25] Hatcher VP provided the following examples of conduct “which one might expect to find in a course of repeated unreasonable behaviour that constituted bullying at work” as including:

“… intimidation, coercion, threats, humiliation, shouting, sarcasm, victimisation, terrorising, singling-out, malicious pranks, physical abuse, verbal abuse, emotional abuse, belittling, bad faith, harassment, conspiracy to harm, ganging-up, isolation, freezing-out, ostracism, innuendo, rumour-mongering, disrespect, mobbing, mocking, victim-blaming and discrimination.”[26]

1. In Edwards v E S Trading Co (Discounts) Pty Ltd (t/as E & S Kitchen, Bathroom Laundry),[27] an employee’s genuinely held belief that she was being bullied at work was insufficient to enliven the Commission’s jurisdiction. The conduct must not only be perceived as being bullying, but that belief “must be reasonable in the sense that it is able to be supported or justified on an objective basis.”

1. In Ms SB, Hampton C observed that:

“whether management action is reasonable requires an objective assessment of the action in the context of the circumstances and knowledge of those involved at the time”.[28]

1. The Commissioner also relevantly stated:

“The test is whether the management action was reasonable, not whether it could have been undertaken in a manner that was “more reasonable” or “more acceptable”. In general terms this is likely to mean that:

•  management actions do not need to be perfect or ideal to be considered reasonable;

•  a course of action may still be “reasonable action” even if particular steps are not;

•  to be considered reasonable, the action must also be lawful and not be “irrational, absurd or ridiculous”;

•  any “unreasonableness” must arise from the actual management action in question, rather than the applicant’s perception of it; and

•  consideration may be given as to whether the management action involved a significant departure from established policies or procedures, and if so, whether the departure was reasonable in the circumstances.”[29]

1. Commissioner Williams said the following in an anti-bullying decision involving Ms Jennifer Watts [2018] FWC 1455:

“[140]    It is to be remembered that the legislative scheme is not directed at punishing those who may have behaved unreasonably in the past nor is it to compensate someone who has endured such bullying instead it is directed at preventing [the person] from being bullied at work in the future.”

Has Ms Abraham been bullied at work by an individual or a group of individuals?

1. The first limb of s.789FF(1)(b) requires the Commission to be satisfied that “the worker has been bullied at work by an individual or a group of individuals”.

1. Whether a worker has been bullied at work by an individual or a group of individuals is state of affairs that is defined in s.789FD of the Act. Therefore, for the first limb of s.789FF(1)(b) to met, I must be satisfied that s.789FD is met.

1. Section 789FD(1) provides that a worker is bullied at work if an individual or group of individuals repeatedly behaves unreasonably towards the worker (or a group of workers), while the worker is at work, and that behaviour creates a risk to health and safety. Section 789FD(2) provides that s.789FD(1) does not apply to reasonable management action carried out in a reasonable manner.

1. For s.789FD(1) to be met in this case, I must be satisfied of the following:

·  That one or more of the Persons Named has behaved unreasonably towards Ms Abraham while at work;

·  That this unreasonable behaviour of the Persons Named creates a risk to Ms Abraham’s health and safety; and

·  That such unreasonable behaviour of the Persons Named is not reasonable management action carried out in a reasonable manner.

Issue between Yolanda and Ms Sneek

1. I have no doubt that Ms Abraham joined the Employer’s business at a time when there was considerable tension between Yolanda and Ms Sneek.  It appears to me that both middle-aged women were sniping at each other, causing trouble in their working relationship and looking for others to take their side. 

1. My experience of Mr Suo is that he was not well-versed in dealing with such a situation, when he should have called upon head office to obtain assistance in this protracted dispute between the women. 

1. I accept that Ms Sneek inappropriately mentioned to Ms Abraham that she was having issues with Yolanda.  Ms Sneek did not need to share these concerns with Ms Abraham.  When Yolanda solicited information from Ms Abraham, she learned of the discussion between Ms Sneek and Ms Abraham, and then requested Ms Abraham report the conversation.  This put Ms Abraham in an invidious position; not wanting to upset either Yolanda or Ms Sneek.

1. However, none of the behaviour of Ms Sneek or Yolanda constituted bullying of Ms Abraham.  It was simply unprofessional.  It wasn’t behaviour that was unreasonable towards Ms Abraham.  There was no sanction for Ms Abraham.  With respect to Ms Sneek, Ms Abraham was an audience, and with respect to Yolanda, Ms Abraham needed to inform on Ms Sneek.

Has Ms Mann bullied Ms Abraham?

1. On the evidence before the Commission, Ms Abraham’s conduct in the presence of Ms Mann has, at times, been appalling.  Ms Abraham was upset that after a few Saturday shifts, she had been required to work very hard and make up for the slack of younger, longer-serving employees chatting in aisles and shirking their responsibility to serve customers.  I informed Ms Abraham during the hearing that I did not consider this constituted bullying of her by any of those individuals.  Ms Abraham could not, it seems, let the issue go.

1. It is clear that the other employees, chatting in the aisles, have worked with each other for a considerable period of time, and have formed a relationship where they are comfortable discussing numerous topics while at work.  Some of the employees are young; only 20 years old.  Ms Mann has worked for the Employer for several years.

1. Ms Abraham was a very new employee, aged nearly 50, and unsurprisingly might not have as much in common with the younger workers who have known and worked with each other for some time.  It was not her place, after only around four shifts, to think that they might be as inclusive with her in their chit-chat as they are with each other.

1. While it clearly would have been annoying to be a new employee working very hard while five longer-serving employees appeared to Ms Abraham to be shirking their responsibilities, the correct course is to raise such a concern with management, not with the employees directly.  Ms Abraham took it upon herself to chastise Ms Mann, a woman around 30 years her junior, to inform her that, because Ms Mann had only spoken to her after 4:00pm when the others had left for the day, she had been ignoring her and had been rude to her.  Further, Ms Abraham told Ms Mann that she had an unprofessional work ethic.

1. Ms Mann’s evidence is that she was intimidated by Ms Abraham.  I accept Ms Mann’s evidence.  Ms Abraham appeared to me to have the tendency to be brash, aggressive, rough and labile, her demeanour shifting radically from one moment to the next.  It was entirely inappropriate for Ms Abraham to aggressively criticise Ms Mann.

1. Mr Suo’s contemporaneous notes demonstrate that on 29 March 2021, Ms Mann reported that at times Ms Abraham would be fine talking to her one minute, then the next she would be distant, aggressive and rude towards her.

1. I accept Ms Mann’s evidence that Ms Abraham once stated, in reference to her missing Red Bull can from the fridge, “I’m a nigger you don’t want to mess with.” I do not consider for one moment Ms Mann concocted this evidence. It is language entirely inappropriate for the workplace, or in fact anywhere, and despite Ms Abraham’s denial, I accept Ms Abraham said this to Ms Mann and another employee.

1. I also accept Ms Mann’s evidence that Ms Abraham has, at times, shared with her colleagues that she calls one of her cats “Nigger”.  It appears to me that Ms Abraham somewhat enjoyed the shock value when she made such a statement at work.  It seems to me that Ms Abraham uses this abhorrent expression to convey a toughness about herself.

1. Ms Mann was then subject to a further inappropriate incident at work when she accidentally bumped into Ms Abraham and Ms Abraham aggressively said to her, “Do you have a fucking problem?”  Ms Mann swiftly reported the incident to Mr Suo; a brave thing for a young worker to do, when reporting inappropriate conduct of a much older colleague. 

1. I accept that following these incidents, Ms Mann and Ms Abraham spoke, and Ms Mann apologised to Ms Abraham, which Ms Abraham now seeks to use as a shield to declare that Ms Mann was in the wrong.  Having observed Ms Mann during the hearing, she appears to me to be a gentle and sensitive young woman, who in apologising to the aggressive and brash Ms Abraham, was doing so to be polite and non-confrontational.  I consider she was significantly intimidated by Ms Abraham.

1. I am not satisfied that Ms Mann has acted unreasonably towards Ms Abraham.

Has Ms Sneek bullied Ms Abraham?

1. I have earlier conveyed my dissatisfaction at Ms Sneek’s attempts to drag Ms Abraham into the spat Ms Sneek was having with her colleague, Yolanda.  I do not accept Ms Abraham’s evidence that Ms Sneek warned her to “watch herself”.  I am satisfied that Ms Sneek asked Ms Abraham if she has a problem.

1. I do not, however, consider that Ms Sneek’s conduct has the result of acting unreasonably towards Ms Abraham.  It was simply unprofessional and immature to involve Ms Abraham, especially with Ms Abraham’s short amount of service in the organisation.

1. I accept Ms Suo’s contemporaneous notes where Ms Sneek reported that on 1 June 2021, Ms Abraham advised Ms Sneek that she had been ill because “all of these cunts had been coming to work” and had made her ill.  Ms Abraham’s denial of this is not accepted, and having observed Ms Abraham during the hearing, I consider on the balance or probabilities, it highly likely that she did make the statement reported by Ms Sneek.

1. I am not satisfied that Ms Sneek has acted unreasonably towards Ms Abraham.

Has Ms Thornton bullied Ms Abraham?

1. Ms Abraham’s substantial complaint against Ms Thornton is that she has not properly greeted her while at work or at the workplace on a social visit.

1. I do not accept Ms Abraham’s evidence on this issue and consider that the only reason Ms Abraham named Ms Thornton as a person who has bullied her is because Ms Thornton is the daughter of Ms Sneek.  I consider that Ms Abraham has improperly used the Commission’s processes to require Ms Thornton to be a person named in these proceedings as a form of pay-back towards Ms Sneek.  I consider Ms Abraham’s naming of Ms Thornton to be nasty, vindictive and in very bad taste.

1. I am not satisfied that Ms Thornton has acted unreasonably towards Ms Abraham.

Has Mr Hu bullied Ms Abraham?

1. Ms Abraham’s complaint against Mr Hu is largely that he keeps a close eye on her when she operates the tills, and that he has expressed to her that sometimes it is difficult to click with some of the other colleagues in the business.

1. Mr Hu’s explanation as to why he closely scrutinised Ms Abraham while operating the tills is accepted, and he does consider himself to be an experienced employee, even if his elevation is not formally recognised.  Mr Hu is authorised to process refunds, which occur more regularly on Saturdays.  I accept that in closely scrutinising Ms Abraham on the tills, he is doing so to make the operations run smoothly, not because he has any concern regarding theft by Ms Abraham of money from the till.

1. I am not satisfied that Mr Hu has acted unreasonably towards Ms Abraham.

Has Mr Suo bullied Ms Abraham?

1. Mr Suo’s contemporaneous notes made by him should have been provided early on in the proceedings; not discovered by me during oral evidence when Mr Suo gave evidence. I consider Mr Suo to be quite inexperienced in human resource management. If he had more experience or confidence in this area or had involved head office in his dealings with Ms Abraham, I consider a decision would have been made to dismiss Ms Abraham during her probationary period.

1. Ms Abraham’s probationary report, completed in June 2021 should have resulted in Ms Abraham’s dismissal.  It rates her as largely unsatisfactory. It is unclear why her employment was permitted to continue, especially in light of the many complaints made to Mr Suo about her conduct.

1. It is also difficult to reconcile Ms Abraham’s continued employment when Ms Nipperess met with Ms Abraham in June 2021, and Ms Abraham stated that she would not change any of her behaviours, she could not help herself “because of her age” and that is who she is.  Her performance and conduct were, in my view, unacceptable.

1. I find that Ms Abraham did say to Mr Suo, in Ms Sneek’s presence, “bullshit, youse are shit” and “I would do a better job as a fucking manager than both of you”. I also accept the evidence that she raised her voice and was punching one hand with the other while talking.  Ms Abraham’s own text message to Shayde Robeck stated, “I got so Fucken angry [angry-face emoji]”.  Ms Abraham’s response to Mr Suo could be heard by Ms Robeck, even if Ms Robeck didn’t hear all of the words spoken.    Ms Abraham’s evidence on this issue has chopped and changed; at one point she stated that she had told Mr Suo he was incompetent, and then later stated that she never swore, became abusive or aggressive towards Mr Suo.  Even if Ms Abraham’s evidence on this issue is accepted, which it is not, it is difficult to reconcile how Ms Abraham, in a loud tone, as angry as she reported it to Ms Robeck, can call Mr Suo incompetent without it being at least abusive.

1. Even Ms Robeck had reported in early May 2021 that she did not wish for Ms Abraham to know of discussions Ms Robeck held with management because was intimidated by Ms Abraham and scared of repercussions.  Ms Abraham’s conduct was deeply concerning to many, including even her supposed confidante, Ms Robeck.

1. It is difficult to know why Mr Suo did not dismiss Ms Abraham within her probationary period when she said such aggressive and inappropriate statements to him.

1. I consider Mr Suo was well within his rights to inform Ms Abraham, among others, not to bring her bag onto the retail floor until her shift was finished.  I do not accept that Ms Abraham was singled out with this directive.

1. I accept Mr Suo became aware that employees on the weekend were talking in aisles and leaving a greater workload for Ms Abraham to perform. I am satisfied that he went about having a conversation with relevant employees, as demonstrated in Ms Mann’s evidence.   Ms Abraham, however, continued on this issue and could not let it go.

1. I am not satisfied that Mr Suo has acted unreasonably towards Ms Abraham.

Conclusion

1. As I have not found that any of the Persons Named have bullied Ms Abraham, it is not necessary to determine if there is a risk that Ms Abraham will continue to be bullied at work by the individual or group of individuals.

1. Having found Ms Abraham’s conduct during her short period in which she has been employed has been, at times, aggressive and intimidating, among other descriptions, I consider that Ms Abraham should think very seriously as to whether she wishes to continue to be employed by the Employer.  There is no doubt that it is available to the Employer to consider holding discussions with Ms Abraham as to her suitability for work, given she has not been in attendance at the workplace for many months.  The Employer’s submissions at [40] are also noted; it is a matter for the Employer if it continues to employ Ms Abraham.

1. Because I am not satisfied that Ms Abraham was bullied at work, as alleged, there is no power to make the orders sought, and the application is dismissed. An order giving effect to this will be issued in conjunction with this decision.

COMMISSIONER

[1] PN85.

[2] PN104.

[3] PN105.

[4] PN110.

[5] PN120.

[6] PN135.

[7] PN136.

[8] PN147-PN150.

[9] PN206.

[10] PN402.

[11] PN468.

[12] PN576.

[13] PN580.

[14] PN651.

[15] PN724.

[16] PN861.

[17] PN1013.

[18] PN1165.

[19] PN1233.

[20] PN1310.

[21] PN1341.

[22] PN1500.

[23] Mac v Bank of Queensland Ltd[2015] FWC 774 at [95].

[24] GC [2015] FWC 6988 at [47], [52]; and Amie Mac v Bank of Queensland Limited and others[2015] FWC 744 at [48], [88].

[25] [2015] FWC 744.

[26] Ibid at [99].

[27] [2016] FWC 8223 at [61].

[28] [2014] FWC 2104 at [49].

[29] Ibid at [51].

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