[2025] FWC 1843
Citation: [2025] FWC 1843
What happened
Keisha Barbara, a Director at the Australian Taxation Office (ATO), applied for a transfer to the Australian Electoral Commission (AEC) under the Public Service Act. She alleged she was subjected to bullying and harassment at the ATO and sought a transfer as a result. She initiated a general protections dismissal application under the Fair Work Act, arguing the transfer constituted a forced transfer or dismissal. The ATO and Paul Southwell, an Assistant Commissioner at the ATO, were named respondents. The ATO raised a jurisdictional objection, arguing Ms. Barbara had not been dismissed.
What was decided
The Fair Work Commission upheld the jurisdictional objection raised by the ATO. The Commission found Ms. Barbara's transfer to the AEC was a voluntary move under the Public Service Act, not a dismissal. Consequently, the Commission lacked jurisdiction to hear her general protections application. The application was dismissed. The Commission noted that Ms. Barbara could potentially re-file the application under a different section of the Fair Work Act, s.372, which deals with non-dismissal disputes.
What it means for employers
Employers, particularly those in the public sector, should be aware that transfers between agencies are generally considered voluntary moves, not dismissals, under the Public Service Act. Addressing workplace bullying and harassment complaints effectively is crucial to avoid employees feeling compelled to seek transfers.
What it means for employees
Employees seeking to leave their employment due to workplace issues, such as bullying, should understand that a voluntary transfer may not be considered a dismissal for the purposes of Fair Work Act claims. Seeking legal advice is recommended to explore alternative avenues for addressing workplace grievances.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1843.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →