Caught in the middle of the owners’ bitter separation
Paula Taylor worked part time as finance, administration and human resources manager for Hoad Water Cartage, a family company carting water around South Australia from a property in the Adelaide Hills. She was a 15-year friend of co-owner Charmaine Hoad. When Mrs Hoad and her husband, managing director Mark Hoad, separated in late 2017, Mrs Taylor found herself in the crossfire.
Mr Hoad’s emails turned rude and autocratic (“stop wasting my time with trivial crap”), and he described her as part of a “girls club” and as his wife’s “sidekick”. He pressed her about his marriage after she asked him to stop, demanded lists of her daily tasks, and on one day sent her about 50 emails asking her to process his expenses while she was on light duties. An interim court order in the couple’s family law case restrained him, with narrow exceptions, from directing her work. When she relied on it, his lawyers sent her a formal warning. A second warning followed her refusal to prepare a warning letter against his estranged wife.
Deputy President Anderson found the bullying “serious and conducted over a prolonged period”. Mrs Taylor had become “collateral damage in the matrimonial dispute”. The warnings went out on lawyers’ letterhead because Mr Hoad “wanted to intimidate Mrs Taylor to the greatest degree possible”. By then she was under her doctors’ care and on a WorkCover claim.
With the two owners unable to speak for the business with one voice, the Commission set out detailed orders itself. The warning letters were ordered withdrawn. Only Mrs Hoad could discipline or dismiss her, and she would report to Mrs Hoad. Mr Hoad could contact her only by email, professionally, not about the marriage and not through his solicitors.
When you are being made to take sides in your employers’ own dispute, that can itself be bullying. Stop-bullying orders can be very specific: who you report to, who can discipline you and how someone may contact you.
No one appealed. On 4 February 2020, on an application by Mrs Hoad, the Commission found that Mr Hoad had bullied Mrs Taylor again since the orders were made, and varied them: he could no longer alter her role, duties or job security without Mrs Hoad’s or Mrs Taylor’s agreement, had to tell Mrs Hoad of any contact about her WorkCover claim, and could not call her a “book-keeper”. See Paula Taylor [2020] FWC 540.
A published decision of the Fair Work Commission, retold in plain English. Lawcaptain did not act in this case. Every outcome depends on its own facts. General information, not legal advice about your situation.
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