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WA man says lawyer allegedly bullied, coerced him
A man embroiled in a family law dispute turned to the Fair Work Commission for a stop-bullying order against his ex-wife and her lawyer, who allegedly coerced him and withheld information.
Naomi Neilson
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The West Australian man, Alexander Spence, unsuccessfully accused his ex-wife and her solicitor, John Lawler, of “four years of workplace and family violence, abuse and harassment” in connection with his role at Viesul Australia Holdings as trustee for a family trust.
However, Commissioner Sarah McKinnon said she could not find that the alleged bullying behaviour occurred while Spence was at work.
“Accordingly, he could not have been bullied at work for the purposes of the [Fair Work Act]. As I am not satisfied that Spence has been bullied at work, the application will instead be dismissed,” she said.
Under the act, a worker is “bullied at work” while in a constitutionally covered business when one or more individuals have repeatedly behaved unreasonably towards them and when that behaviour has created a risk to the worker’s health and safety.
The question in the Fair Work Commission was whether Spence could be considered a “worker”, whether Viesul Australia Holdings is a constitutionally covered business, and whether the alleged bullying occurred while Spence was at work in that business.
In his application, Spence accused his former wife and her lawyer of withholding information from him about the company’s finances and attempting to coerce him into selling the family home.
Lawler and the ex-wife were also accused of obtaining judgment from the Family Court by alleged misleading and deceptive conduct, which Spence said then led to the forced sale of the family home.
He also made a number of claims directed only towards his ex-wife and her alleged conduct in connection with Viesul Australia Holdings.
“I do not accept that any of the alleged instances of bullying behaviour towards Spence occurred while he was at work.
“To the extent that the allegations touch on the activities of [the company], they indicate the contrary – that Spence was not performing any work in the business because, for practical reasons, he was unable to do so,” McKinnon said.
The case is Application by Mr Alexander Spence - [2024] FWC 2610.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
