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ARTICLE · 20 JULY 2022

Significant damages awarded to a bullied worker under Fair Work Act

Holding Redlich
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An employee can obtain uncapped payments of compensation under FWA despite already claiming under state workers compensation schemes.

AustraliaEmployment and HR
Michael Selinger
Michael Selinger
Sladjana Skoric
Sladjana Skoric
Olivia Lawrence
Olivia Lawrence
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In a recent series of decisions before the Federal Court of Australia, a long-serving employee who had been harassed and bullied by the company's CEO successfully obtained a very significant order for compensation for breaches of the Fair Work Act 2009 (Cth) (FW Act), after the Court held that it was not confined by the restrictions imposed on a claim by the employee for the same events under state workers compensation laws.

The Federal Court decisions

This article examines the decisions of Justice Rares of the Federal Court who had to consider, amongst a number of complex issues:

  • whether the conduct of a CEO which caused a former employee to suffer significant depressive disorder with anxiety that left her unemployable since 2016 (Leggett v Club (No 1)1 was a breach of the FW Act referred to as the First Decision)

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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