Melbourne Kmart employee launches Fair Work action over bullying claims

A Melbourne Kmart employee hauled her employer before the Fair Work Commission over claims her managers were making her work too hard. But things didn’t go as well as she may have hoped.

The Moonee Ponds Kmart employee told Fair Work her managers were disrespectful and made her work too hard. Picture: Nicole Garmston

A disgruntled Kmart employee who sought compensation from the retail giant over alleged workplace harassment has had her claim dismissed.

Aferdita Shehu faced the Fair Work Commission on September 10 where Commissioner Tim Lee said he couldn’t find any evidence the woman, who worked at the brand’s Moonee Ponds store, was at continued risk of being bullied.

Ms Shehu’s main gripe related to “unsustainable levels of workload” foisted upon her by two of her managers, the commission heard.

One manager also called Ms Shehu as a “whinger” and made rude remarks about her adherence to Ramadan, she told the commission.

Things came to a head in December 2018 when Ms Shehu left work part way through her shift due to stress and never returned.

She lodged an application with the Fair Work Commission in January after Kmart rejected two workers compensation claims.

Mr Lee said her list of demands included an order banning her managers from bullying her.

She also wanted Kmart to compensate her for medical expenses, reinstate her used annual, sick and long service leave, retrain her to find a new job in a different industry, and back pay her for unpaid wages.

Finally, Ms Shehu told the commission she wanted Kmart to transfer her to a new store of her choice where she could perform light duties part time for a maximum of four hours per shift, two days a week.

Ms Shehu’s brother, who Mr Lee said often addressed the commission on his sister’s behalf, told the commission his sister was so “incapacitated” by her poor treatment by her managers that she could no longer perform basic house work duties.

She was "impacted mentally and physically”, he told the commission, and was “fearful” of what would happen if she was forced back to work prematurely.

Kmart rejected the suggestion bullying had taken place and Mr Lee said it wasn’t for him to decide if Ms Shehu was bullied.

Some of the conduct described by Ms Shehu could be interpreted as bullying, he said, but neither of the alleged bullying managers still worked at the Moonee Ponds store, and Kmart had told Ms Shehu it was willing to move her to a new store.

Despite this, Ms Shehu had still refused to return to work and proceeded with her compensation claim.

“To be absolutely clear, I am not in this decision making any finding as to whether there was bullying behaviour or not. This decision is predicated on an assumption that, the bullying conduct as alleged … was in fact occurring,” Mr Lee said.

“(But) I am satisfied on the evidence that there is no risk of the applicant continuing to be bullied at work having considered the evidence of the changed circumstances … for these reasons, I am not satisfied that there is a risk that the applicant will continue to be bullied at work.

“The application is therefore dismissed.”

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