Mac v Bank of Queensland Limited
Case
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[2015] FWC 774
•13 FEBRUARY 2015
Details
AGLC
Case
Decision Date
Mac v Bank of Queensland Limited [2015] FWC 774
[2015] FWC 774
13 FEBRUARY 2015
CaseChat Overview and Summary
In the Fair Work Commission, Mac made an application for an order against Bank of Queensland Limited, alleging that the bank had engaged in bullying behaviour towards him during his employment. The matter was heard by Commissioner Fejo, who was tasked with determining whether the bank's actions constituted bullying and whether an order was warranted to prevent further occurrences.
The central legal issue before the Commission was whether the conduct of the bank amounted to bullying as defined by the Fair Work Act 2009. Specifically, the Commission needed to consider whether the alleged behaviour was unreasonable and created a risk to Mac's health and safety. The bank contested the allegations, arguing that its actions were not intended to be, and did not in fact, constitute bullying.
Commissioner Fejo concluded that the bank's conduct did indeed amount to bullying, as it was unreasonable and created a risk to Mac's health and safety. The Commission found that the bank had failed to take reasonable steps to address the behaviour and prevent its recurrence. As a result, the Commission issued an order requiring the bank to take specific actions to prevent further bullying and to comply with certain reporting obligations. The bank was also required to pay Mac's legal costs associated with the application.
The central legal issue before the Commission was whether the conduct of the bank amounted to bullying as defined by the Fair Work Act 2009. Specifically, the Commission needed to consider whether the alleged behaviour was unreasonable and created a risk to Mac's health and safety. The bank contested the allegations, arguing that its actions were not intended to be, and did not in fact, constitute bullying.
Commissioner Fejo concluded that the bank's conduct did indeed amount to bullying, as it was unreasonable and created a risk to Mac's health and safety. The Commission found that the bank had failed to take reasonable steps to address the behaviour and prevent its recurrence. As a result, the Commission issued an order requiring the bank to take specific actions to prevent further bullying and to comply with certain reporting obligations. The bank was also required to pay Mac's legal costs associated with the application.
Details
Key Legal Topics
Areas of Law
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Employment & Labour Law
Legal Concepts
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Bullying
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Jurisdiction
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Compensatory Damages
Actions
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Most Recent Citation
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Statutory Material Cited
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