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Gray v Busways Gosford EMP PL [2009] NSWWCCPD 124. Roche DP. 

The worker, claiming bullying, failed before arbitrator McDermott. “Even if Ms Gray was the instigator,  as Busways submits, of the events … I do not accept Busways’ submission that it is therefore less plausible that she was the subject of victimisation and harassment. This submission ignores Mr Morrison’s evidence that he lost his temper and swore at Ms Gray in grossly offensive and threatening terms. It also ignores the overwhelming evidence of significant conflicts at work between Ms Gray and her co-workers. If that conflict resulted in a cognizable psychological injury then, subject to the application of ss 9A and 11A, compensation is payable,” said Roche DP [144]. Appeal allowed, closed period $341.68pw, s60s, costs, and appeal costs $2,200 plus GST. A: PK Simpson & Co. R: Lucas & Staggs Lawyers.


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