ARTICLE · 16 MARCH 2020

Volunteer deemed 'worker' under anti-bullying laws

Hall Payne Lawyers

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Recent case highlights that stop bullying applications can be complex as a number of issues need to be considered.

AustraliaEmployment and HR

Luke Forsyth

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Case Review - Benjamin Legge v Barnardos Australia

Benjamin Legge, a foster carer under arrangements with Barnardos Australia ('Barnardos'), contends that he has been subjected to workplace bullying by case managers and other managers at Barnardos Australia. He filed an application in the Fair Work Commission (FWC) seeking orders to stop the bullying.

Barnardos denied the allegations and subsequently raised a jurisdictional objection regarding whether Mr Legge was able to bring a stop-bullying application as he was not a "worker".

This case required Commissioner Hampton to determine whether Mr Legge was "a worker" for Barnardos Australia and whether he was able to bring a stop-bullying application under the Fair Work Act 2009 ('FW Act').

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