Tanka Jang Karki

Tanka Jang Karki was an employee at a casino who brought proceedings against his employer, alleging bullying contrary to the Fair Work Act 2009 (Cth). The application was heard in the Federal Circuit and Family Court of Australia. Karki sought an interim order to prevent his dismissal and an order to stop any further bullying by the respondents. The application was brought under section 385 of the Fair Work Act, which allows for urgent orders in circumstances of potential unfair dismissal or adverse action for the purpose of preventing harm.

The court had to decide whether the employer's actions amounted to reasonable management action taken in a reasonable manner and whether there was evidence of bullying by the employer. The employer had investigated two separate allegations against Karki: one involving the use of a mobile phone at work, contrary to policy, and another involving spitting in a bin in a public place within the casino. Both allegations were investigated using CCTV footage. Karki did not deny the allegations but refused to accept the warnings issued by the employer. The court had to determine whether the warnings and any subsequent actions taken by the employer constituted reasonable management action and whether there was evidence of bullying.

The court found that the employer's actions were reasonable management action taken in a reasonable manner. The court rejected Karki's explanations for his conduct as implausible. There was no evidence presented that the employer's actions amounted to bullying. The jurisdictional objection was upheld, and the application was dismissed as jurisdictionally incompetent. The interim orders sought by Karki were refused, and the application was dismissed.