Taxi driver Debra Robertson loses FairWork bid for bullying protection

A Bundaberg taxi driver has lost her bid for protection against alleged workplace bullying after Australia’s employment watchdog found she was not covered by the legislation.

A Bundaberg region taxi driver has claimed she was subjected to bullying while on the job, but her bid for help swiftly ran out of road.

A Bundaberg taxi driver has lost her bid for protection against alleged workplace bullying after the Australia’s employment watchdog found she was not covered by the legislation.

Debra Estelle Robertson took her case to the FairWork Commission amid allegations two unnamed workers of the A2B or Yellow Cabs services in the Bundaberg area.

The nature of the alleged bullying was not identified in the published FairWork decision.

The two companies, A2B and Yellow Cabs, objected to the claims, saying Ms Robertson was not a worker in their business.

Ms Robertson operated two cabs in the region, which were owned by Brendan James Casey.

The Commission heard Mr Casey owned the cabs, and held two licences to run them within the A2B and Yellow Cabs networks.

A Bundaberg region taxi driver has claimed she was subjected to bullying while on the job, but her bid for help swiftly ran out of road.

Commissioner Sarah McKinnon ultimately found Ms Robertson classified as a worker under the laws, but the work was not done as part of a “constitutionally covered business”.

This was due to the nature of the employment structure between Ms Robertson and Mr Casey,

Ms McKinnon said unless fares were paid in cash, the fares were collected by A2B and Yellow Cabs “and then distributed to Mr Casey’s business periodically”.

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“Although A2B and/or Yellow Cabs may benefit indirectly from Ms Robertson’s work through the payment of subscription fees it receives from Mr Casey’s business and from having additional taxi services connected to its network in the Bundaberg region, this is not sufficient to demonstrate that the work performed by Ms Robertson is performed for A2B and/or Yellow Cabs as opposed to Mr Casey,” Ms McKinnon said.

Mr Casey himself “is not the Commonwealth or a Commonwealth authority”.

FairWork Commissioner Sarah McKinnon found Debra Robertson “was a worker for the purposes of … the Fair Work Act … the alleged bullying at work did not occur while (she) was at work in a constitutionally covered business”.

“The taxi service is operated on behalf of Mr Casey in his individual capacity rather than in any capacity as a body corporate … His business is conducted principally in Queensland, which is neither a Territory or Commonwealth place,” Ms McKinnon said.

“He can only be a constitutional corporation of the foreign, trading or financial kind if he is, or is acting through, a corporate entity.

“But Mr Casey is a sole trader, and he trades in his capacity as an individual.”

As a result, while Ms Robertson “was a worker for the purposes of … the Fair Work Act … the alleged bullying at work did not occur while (she) was at work in a constitutionally covered business”.

“The alleged bullying behaviour cannot result in a finding that Ms Robertson has been ‘bullied at work’ as defined (in the same Act)”.

Ms McKinnon dismissed the application saying it had “no reasonable prospects of success”.

Originally published as Taxi driver Debra Robertson loses FairWork bid for bullying protection