the Applicant v Hawkesbury Race Club Limited (No 3)
At a glance
- 1
What happened
the Applicant worked for Hawkesbury Race Club for 26 years, beginning as a contractor in 1991 and becoming an employee in 2013. She was paid commission on sponsorships she arranged. In May 2016, the Respondent became CEO and began bullying and micromanaging her. She complained to the Respondent about his conduct and its effects on her health, and raised concerns with board directors. The Respondent responded by requiring her to attend a performance meeting and withheld her commission payments. She eventually accepted the club's repudiation of her employment in March 2017 after suffering significant depressive disorder and anxiety.
What was decided
The court found the club negligent in breaching its contractual and common law duty to provide a safe system of work and to take reasonable care to avoid reasonably foreseeable psychiatric injury. The club contravened s 340 of the Fair Work Act by taking adverse action (threatening performance management and withholding commissions) because the Applicant exercised her workplace right to complain. The club also failed to pay her full entitlements. Compensation and civil penalties were referred to a further hearing for determination.
What it means for employers
Employers must not retaliate against employees who complain about workplace conduct or conditions. Employers have a duty of care to protect employees from reasonably foreseeable psychiatric injury caused by bullying or harassment. Wages and entitlements cannot be withheld in retaliation for complaints.
What it means for employees
Employees have protected workplace rights to make complaints about mistreatment and unsafe working conditions. Retaliation for complaints is unlawful. Employers owe a duty of care regarding psychological wellbeing.
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