[2013] FCA 439
— Comcare v Martinez (No 2)
Federal Court
For applicant
concept: stop_bullying_fwc
concept: reasonable_management_action
persuasive bridge
RatioThe Tribunal erred in law by misconstruing the statutory exclusion in s5A(1) SRC Act ('reasonable administrative action taken in a reasonable manner'): it incorrectly applied the bullying definition from a Comcare OHS guide as an independent test for reasonableness, treated...
In text … Further, the Tribunal did not address section 6 of the
guide which is entitled “What
is not Bullying?” and discusses the
interrelationship of reasonable management action …
↪ analogue_concept