Application by the Applicant
Citation: [2026] FWC 2716
At a glance
- Employees affected
- 1
What happened
The Applicant applied to the Fair Work Commission seeking an order to stop bullying by her General Manager at RSL Care Limited (trading as Bolton Clarke), a provider of residential homes. The Applicant felt burnt out and requested to drop two night shifts, which led to discussions about her hours and shift preferences. She also raised concerns about workload distribution and being prevented from picking up extra shifts. The employer conducted an investigation into the Applicant's complaints but found them unsubstantiated or inconclusive.
What was decided
Deputy President Bell dismissed the Applicant’s application, finding that there was no bullying behaviour. He stated the evidence did not support her claims of a 'ban' on picking up extra shifts and that disagreements about workload and shift arrangements do not constitute bullying. The Deputy President clarified that reasonable management action is not considered bullying. He noted the Applicant’s lack of awareness regarding her rights contributed to delayed communication of her concerns.
What it means for employers
Employers should ensure clear communication channels exist for employees to voice concerns about workload and shift preferences. Addressing burnout proactively can prevent misunderstandings and potential disputes. Investigations into employee complaints must be conducted fairly and promptly, with findings communicated transparently.
What it means for employees
Employees experiencing workplace issues should understand their rights and communicate concerns clearly and directly to management or HR. Seeking clarification on policies and procedures can help avoid misinterpretations and ensure proper channels for addressing grievances are followed.
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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 →