iscover
Claims of bullying, exclusion, and psychosocial hazards are all featured in a recent application to the Fair Work Commission (FWC) by a project manager against his former employer.
Scott Egginton commenced employment with Wispro (now known as Focus NSW) on 26 June 2023, assuming a role as project manager. Egginton claims that he was in fact dismissed from his employment, and the dismissal contravened the general protection provisions of Fair Work Act 2009.
Focus NSW, however, submitted that Egginton resigned his employment and was not dismissed.
Important details to the case were the details listed in his contract, with the relevant terms being:
- Egginton was required to give one full week’s notice to resign his employment.
- In the first year of employment, Focus NSW could terminate Egginton’s employment by giving one week’s written notice.
- The employer had the discretion to make payment to Egginton in lieu of all or part of the notice period.
- During the notice period, Focus NSW was not obliged to assign Egginton duties or functions and was entitled to direct Egginton not to attend work.
On 20 March 2024, Egginton gave notice that his employment would end by way of a resignation one month later on 19 April 2024. He cited his unhappiness with the role as a major contributor, through which he criticised his direct manager, Claudia Foini, as a catalyst for his unpleasant experience.
As Egginton referenced through his evidence: “My reasons for resigning include, Claudia Foini excluding me from the management team, the day shift allocator was told not to provide me any information about the happenings on day shift, work colleagues told me Claudia Foini was trying to push me out, and I was not provided equipment to do my job effectively or efficiently.”
After Egginton’s resignation was made apparent to Mitch Doble (director/owner of Focus NSW) and Foini, conflicting reports of the following events were brought forward through the evidence presented by the two parties.
Foini and Doble cited Egginton as having “erratic behaviour” towards his employment, often complaining to other staff members about his job role and remuneration despite receiving a pay rise. Both stated that after Egginton gave notice of his resignation, he failed to fulfil his job requirements in a punctual fashion, as well as failing to complete numerous job tasks.
The day after Egginton gave notice of his resignation (21 March 2024), he made a complaint to Nicole Campbell (HR coordinator) about bullying.
Egginton sent an email raising a complaint, which included:
“I am not sure if you are aware or not but I have tendered my resignation mainly due to psychosocial hazards in my workplace. I spoke to Claudia [Foini] 3 weeks ago regarding this and to Mitch [Doble] a week ago the issues have not improved if anything have got worse [sic].
“I have been through a lot in my time with DXT that has not been protected by the company. There have been so many fictitious complaints which I even brought to your attention at one point only to be told you were disappointed in me asking for an investigation and something to be brought against the perpetrator …”
On 26 March 2024, Egginton completed a “Grievance Report Form”, purporting to raise a grievance about “Psychosocial Hazard (bullying), Constructive dismissal. Lack of support from the company to the ongoing treatment I have received at [Focus NSW].”
As tensions grew between the two parties, Doble lamented that Foini no longer felt safe being around Egginton:
“I spoke with Claudia, who at this stage did not feel safe being around Scott, and it was discussed if Scott should report to me directly whilst he worked out his notice period. I was not prepared to possibly endanger Claudia by having her interact any further with Scott on a one-on-one basis. It was at this time that I advised Claudia that I would speak with Scott.”
On 28 March, Doble and Egginton spoke on the phone regarding the remaining duration of the resignation notice period. Recounts of the conversion differed between the two parties, with Egginton claiming Doble said: “Things are not working out. You don’t want to be here so you can finish up now. Give your work phone and fuel card to Claudia and leave.”
Egginton claimed he also asked Doble about his outstanding superannuation, which equated to almost $8,000.
On his way out, Egginton left a parting remark to Foini, saying: “I can’t say it has been a pleasure as you are probably the worst boss I’ve had.” He claimed, however, that there was no verbal aggression aligned with his statement.
After considering the evidence brought forth, FWC deputy president Michael Easton concluded that the phone conversation was a crucial aspect of the evidence, saying: “There is no evidentiary basis to find that Egginton freely agreed to end the employment by way of resignation on a date earlier than the expiry of the notice he had already given.”
He went on to agree that the premise of Egginton’s departure from Focus NSW was on grounds of a forced resignation.
“I am satisfied that the employment ended at the initiative of the employer when Doble initiated discussion with Egginton about finishing his employment earlier than the date specified in the resignation notice,” Easton said.
“On the evidence, I am not satisfied that Egginton freely chose to bring forward the effective date of his resignation. I am satisfied that the employment relationship ended at the initiative of the employer, or alternatively by way of a forced early resignation.”
Easton was thus satisfied that Egginton’s application was properly made insofar as he is “an employee who was dismissed” for the purposes of s.365(a) of the FW Act.
As a result, Focus NSW’s jurisdictional objection was dismissed, and a conference will soon be convened to deal with Egginton’s claim against his former employer.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
