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Published 8 years ago by Jefiakra with 2 Comments

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  • Fuyu
    +3

    Blatant lie, as quoted from another article with a similar clickbait title:

    "The Fair Work Commission didn't find that unfriending someone on Facebook constitutes workplace bullying," Josh Bornstein, a lawyer at the firm Maurice Blackburn, told ABC News.

    "What the Fair Work Commission did find is that a pattern of unreasonable behaviour, hostile behaviour, belittling behaviour over about a two-year period, which featured a range of different behaviours including berating, excluding and so on, constituted a workplace bullying."

    • Jefiakra
      +3

      I made a quick search in the official findings document (https://www.fwc.gov.au/documents/decisionssigned/html/2015FWC6556.htm), and I found a few quotes which seem to imply that it's not a lie at all -- while the Facebook dis-liking was only one thing out of many, it in and of itself did constitute part of the bullying.

      [89] The evidence of Ms Roberts as to Mrs Bird defriending her on Facebook immediately after the incident is supported by a contemporaneous text message between Ms Roberts and Mr Bird. 64 It was not refute by Mrs Bird in evidence. This action by Mrs Bird evinces a lack of emotional maturity and is indicative of unreasonable behaviour, the likes of which I have already made findings on. The ‘school girl’ comment, even accepting of Mrs Bird’s version of events, which I am not, is evidence of an inappropriate dealing with Ms Roberts which was provocative and disobliging. I am of the view that Mrs Bird took the first opportunity to draw a line under the relationship with Ms Roberts on 29 January 2015, when she removed her as a friend on Facebook as she did not like Ms Roberts and would prefer not to have to deal with her. I am satisfied that the evidence of Ms Roberts, as to the incident on 29 January 2015, is to be preferred and that the allegation of unreasonable behaviour by Mrs Bird in Allegation 17 is made out.

      ...

      [43] ‘Unreasonable behaviour’ should be considered to be behaviour that a reasonable person, having regard to the circumstances, may consider to be unreasonable. That is, the assessment of the behaviour is an objective test having regard to all the relevant circumstances applying at the time.”

      ...

      [118] It is clear Ms Roberts was subjected to, on more than one occasion, namely eight occasions, behaviour from Mrs Bird that was unreasonable (see paragraphs [18] to [90]). This behaviour by Mrs Bird was repeated behaviour over an extended period of time.

      So, while the title is a bit clickbaity, it isn't inaccurate.

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