Barwon Water in Federal Court over alleged Fair Work breaches
A Barwon Water employee is suing the state government owned statutory authority over allegations of bullying.
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A Barwon Water employee diagnosed with autism spectrum disorder is taking the corporation and its boss to court, alleging psychological bullying and mental discrimination.
The woman is suing Barwon Water, managing director Shaun Cumming and the state government-owned statutory authority’s general manager of people and corporate Melissa Stephens.
The statement of claim has been filed in the Federal Circuit and Family Court of Australia and alleges the employee suffered loss and damages.
It is claimed she spoke with Mr Cumming about her mental disability and he recommended seven options to accommodate her in the workplace.
It’s alleged that on July 7, 2022, the employee made a verbal complaint to Mr Cumming that she did not feel safe in the workplace due to sensory overload from communication difficulties.
According to the claim, she alleges she felt “belittled, unsupported and isolated” because Mr Cumming had abruptly ended the meeting.
On November 9, 2022, Mr Cumming emailed her advising that she was required to attend a meeting to discuss her workplace performance.
A formal action plan was created and Mr Cumming provided examples of how she failed to fulfil her role, which, according to the claim, was “demonstrably false”.
The claim also states that Barwon Water’s conduct had caused the applicant’s “physical and mental wellbeing to deteriorate”.
On November 28, 2022, she received a letter stating that Barwon Water deemed it unnecessary to respond to formal complaints she had made.
On the same day, she filed a written complaint alleging Mr Cumming used the performance management as a tool for bullying.
She also alleges she was subject to unreasonable work requirements, had information withheld from her, was excluded from discussions relevant to her role, and had discriminatory requirements imposed against her.
The claim alleges Mr Cumming disregarded the applicant’s health and wellbeing, including subjecting her to “psychological bullying, and controlling behaviours”.
On January 16, 2023, a legal independent practitioner was engaged to investigate the allegations made by the applicant on November 28.
A subsequent report found none of the allegations could be substantiated.
According to the defence filed on behalf of Barwon Health, Mr Cumming and Ms Stephens, the trio deny any wrongdoing.
Mr Cumming denies he was involved in the alleged adverse actions and Barwon Water denies it breached the applicant’s contract of employment.
The matter will return to court early next year.
satria.dyer-darmawan@news.com.au
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Originally published as Barwon Water in Federal Court over alleged Fair Work breaches
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