An employee of the Australian Education Union ACT branch has lodged a claim for damages after she was allegedly bullied by the former branch secretary.
In a statement of claim filed with the ACT Supreme Court, the woman said Glenn Fowler bullied, intimidated and undermined her in the course of performing her work duties as business manager of the branch.
The union has denied the woman was bullied and stated she was herself the subject of a complaint from a subordinate co-worker.
Mr Fowler was stood down with pay in March after seven branch employees brought forward allegations of sexual harassment, which he has strongly denied.
He was charged with misconduct under the union rules after an independent investigation found there was a sustainable basis for a case of sexual harassment in the workplace. The process under the union rules is ongoing.
Mr Fowler said he was unaware that he had been named in the Supreme Court matter against the union and therefore was unable to comment.
Current branch president Angela Burroughs declined to answer questions on the matter.
The plaintiff claims the union failed to do anything to control or curb Mr Fowler's abusive behaviour and did not take effective action to protect her from injury after becoming aware of the behaviour.
The plaintiff submitted that she suffered anxiety, depression and a major depressive disorder as a result and was unable to undertake any paid employment.
According to the statement of claim, from August 2020 Mr Fowler started bullying, harassing, belittling, berating and undermining the business manager one-on-one, in the presence of other office staff and behind her back.
"As a result of the behaviour of Mr Fowler, the Plaintiff became unwell and has been unable to work in her usual occupation, or in any other employment for which she is qualified, since about April 2021," the statement said.
The business manager's salary was $135,000 plus 18 per cent superannuation. She is claiming past and future economic loss.
In its defence, the union denied any claims of negligence and said it could not reasonably have been expected to foresee the risk of psychiatric harm to the plaintiff.
It claimed a subordinate co-worker had complained that the plaintiff subjected them to belittling, dismissive and volatile behaviour.
The union did not admit the woman sustained psychological injuries nor that she reasonably required treatment.
The plaintiff's documents were filed in the ACT Supreme Court on August 23. The union filed its defence on December 6.
The case is listed before the court on March 3, 2022. The parties will be negotiating a potential settlement in February.
