[2025] FWCFB 94
Citation: [2025] FWCFB 94
At a glance
- Awards cited
- MA000000
What happened
the Applicant, an employee of Ambulance Victoria (AV), was transferred from Bright to Dandenong following allegations of bullying towards coworkers. An independent investigator, Brian Lacy, concluded that the Applicant engaged in bullying conduct. the Applicant challenged the transfer, arguing it was unreasonable, AV didn't follow procedural fairness, and his conduct didn't constitute serious misconduct. The Fair Work Commission initially found the Applicant’s behavior amounted to serious misconduct and AV acted appropriately. the Applicant appealed this decision.
What was decided
The Fair Work Commission Full Bench (FWCFB) allowed the Applicant’s appeal. The FWC found the Commissioner erred in equating bullying with serious misconduct. The FWC noted the Commissioner did not consider whether AV acted unreasonably or unjustly in transferring the Applicant. The appeal was upheld, but the FWC did not substitute its own decision. The case was not remitted for rehearing.
What it means for employers
Employers should ensure that disciplinary processes clearly distinguish between bullying and serious misconduct. Investigations should be thorough and fair, providing employees with relevant information and opportunities to respond. Transferring employees as a disciplinary measure requires careful consideration of reasonableness and fairness.
What it means for employees
Employees facing disciplinary action should challenge findings they believe are inaccurate or unfair. Understanding the definitions of serious misconduct and procedural fairness is crucial in asserting workplace rights.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb94.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted 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 →