Event and Time
Event Description
- Mr. Kosim Darma, referred to as “Nick”, commenced employment with Keune Australia in February 2014.
- The company employs individuals to fill orders quickly to ensure next-day delivery of products.
- Darma's employment was terminated in October 2016, after his supervisor, Kokou Kodakpau, deemed him slow and inefficient despite his disputes over these claims.
- Darma alleges he suffered bullying and harassment leading to psychiatric injuries.
Application and Claims
- Darma previously claimed compensation under the Workers Compensation Act 1987 (NSW) for workplace injuries and later filed a negligence suit against Keune Australia.
- He contends that the defendant breached its duty of care by allowing workplace harassment to occur but the company denies these allegations.
Judicial Decisions
- The court ruled in favor of the defendant, Keune Australia, concluding that Darma did not prove, on the balance of probabilities, that the alleged bullying and harassment occurred.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- Stated he experienced workplace bullying and harassment primarily from Kokou, leading to psychological injuries. Claimed damages due to these injuries. - Alleged personal slurs made in the presence of others which were not corroborated by witnesses.
- Defendant's Arguments:
- Denied all instances of bullying and harassment. Asserted that Darma’s performance was unsatisfactory. - Acknowledged that if the court accepted Darma’s version, they would be in breach of duty but maintained that the lack of corroborating evidence countered Darma's claims.