The Unfair Work Commission - denying employees their generally protected rights - Part 2

 “Justice isn’t only about outcomes. It’s also about how we get there.” 

John Adams 

This post continues reviewing a case in the Fair Work Commission that proves our generally protected workplace rights are not always protected, especially in the university sector.

It’s important to share the reality of things like “Stop Bullying” orders, the power imbalance, undisclosed conflicts of interest, the unethical network of strategic “alliances”, the obstruction of justice, the medical fraud and the outrageous quote given to workers by employment law firms, especially in a cost of living crisis. 

It is important to discuss “process corruption”. 

This post will review a submission from the complainant regarding UNSW in 2020.

Part 1 is at http://mystory-myvoice.blogspot.com/2025/05/the-unfair-work-commission-denying.html 

How is this "process" protecting the rights of workers, as per s.340 of the Fair Work Act 2009 (Cth), and how is it protecting workers being bullied as adverse action by a network of power abusers with the resources and "learned friends" to do so?

My concern is what John Adams highlighted as “process corruption”. I share a link to his article.

Adams, J. (2025, 3 July). “Process Corruption”. No brown paper bags, but just as sketchy. Michael West Media. (Online): https://michaelwest.com.au/process-corruption-no-brown-paper-bags-but-just-as-bad/

To quote: 

“Process corruption lurks in the shadows, but unlike traditional bribery, it does not require personal gain. Rather, it distorts the machinery of justice itself, fabricating evidence, perverting investigations, or shielding wrongdoers from scrutiny…

When regulators protect the powerful or persecute the vulnerable based on internal biases or external pressures, they violate not only legal standards but democratic principles.”

How is the Fair Work Commission, fair to workers? 

I continue to highlight and analyse parts of a matter that did progress to the Fair Work Commission, in light of “process corruption” that I not only experienced, but documented. 

1. Application by Krcho, Daniel – [2020] FWC 181

https://www.fwc.gov.au/documents/decisionssigned/html/pdf/2020fwc181.pdf

The Application by Krcho, Daniel – [2020] FWC 181 pertains to the complainant’s application for interim orders under section 789FC of the Fair Work Act 2009. In this case, the complainant sought various orders related to his ongoing stop bullying application against the University of New South Wales (UNSW).

Confidentiality Orders: Requests to anonymise the names of the complainant and his wife, as well as to keep certain medical and financial records confidential, were largely refused. However, limited confidentiality orders were granted concerning specific financial information. (MY NOTE: this sets a dangerous example that would deter any employee from taking their matter to the FWC. They are already being bullied by their employer, to then risk being subjected to such treatment publicly, on record. Why would anyone who requested a workplace right like a safe work environment, agree to this kind of systemically abusive “process”?)

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Common “tactic”, unlikely to be legal, but a reminder to everyone to start reporting and documenting the “process”. I strongly recommend doing so using:  https://workright23.com/

Here is a post from my own lived experience this immoral “tactic” was used - http://mystory-myvoice.blogspot.com/2025/04/blocking-mobbing-and-truth-2020.html.

But I knew to start keeping records as soon as the incompetent associate director at the “local” level, fobbed me off to HR without consulting with me first. I was just too naive to foresee how extreme and immoral (and illegal) the abuse as adverse action, would become (perhaps to my benefit that I had no idea about “process corruption”, because what I uncovered and documented can now legitimately be investigated and cleaned out). 

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I’ll provide my own example of the national manager of employment relations and SAFETY harassing me through twenty years of accrued leave entitlements. I’m talking annual and long service leave as well. Complete theft of everything I worked for. But in my case, SafeWork NSW, NTEU, SIRA NSW and the registrar at Sutherland local court where I applied for an APVO, where I was fobbed off to them by St. George PAC, after having been fobbed off to police by the office of the Fair Work Ombudsman, did nothing to stop the harassment and protect me. The registrar fobbed me off back to the Fair Work Ombudsman. It’s coming up in my story very soon. 

For now, see http://mystory-myvoice.blogspot.com/2025/06/gaslighting-and-harassment-continue.html

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The list sounds surreal and creepy, but I’ve proven its validity through my own documented experience of this “process corruption”. The truth is coming out, but it’s also important to share my story based on my documents. 

In October 2020, a SafeWork NSW inspector said to me, “I’m not here to play he said she said”. They didn’t have to. I pleaded with both SafeWork NSW and then SIRA NSW to review my documents and conduct a transparent and legitimate investigation. Both regulators refused, for years, allowing the systemic abuse in this “process corruption” to get far worse. And the inspector did play he said she said, because they just took the word of the perpetrator over mine. Why? Because of her job title. The job title of the perpetrator that caused a claim to be made was the national manager of employment relations and SAFETY. 

For now, here’s an example of my experience of creepy stalking from the above mentioned “psycho” who intercepted my emails to my union reps. She, indeed, was stalking me. See http://mystory-myvoice.blogspot.com/2025/07/prohibited-workplace-surveillance.html
 

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Deepinder Miller should finally not only be struck off as a medical practitioner by AHPRA, but be prosecuted and sentenced for medical fraud!

Also, a thorough investigation and public inquiry is needed regarding what is truly happening in this so-called “medico-legal process”. Transparency is a MUST. How much money has been exchanged between unethical insurers (or employers) and their hand-picked unethical friends, to destroy lives? 

How much has been exchanged for “bought” fraudulent reports based on a consultation that never happened, and desperate attempts to obstruct justice, to stop such defamatory fraudulent reports from being ethically tested in court? Money paid to the likes of Deepinder Miller and Melissa Barrett (and another one coming up on 29 September 2021) for fraudulent reports is a bribe! It is CORRUPTION. 

So far, see http://mystory-myvoice.blogspot.com/2025/01/a-doctor-who-commits-fraud-2019.html, http://mystory-myvoice.blogspot.com/2025/01/medical-malpractice-unprofessional.html, http://mystory-myvoice.blogspot.com/2025/02/hr-associate-director-unfit-to-do.html, and http://mystory-myvoice.blogspot.com/2025/06/a-doctor-full-of-innuendo-lies-and.html.

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That it has never been tested is true. Let’s test it this time. A precedent must be set to stop the institutional abuse as adverse action for requesting workplace rights generally protected under the Fair Work Act 2009 (Cth). Institutional abuse and process corruption is happening across the university sector. 

The issue is the process and a system not fit for purpose. The “loophole, if you like, has allowed leaders in the university sector to go rogue. It has resulted in years of institutional abuse and harm to good people. To quality staff and their families. This will likely lead to a parliamentary inquiry. But change to the systemic “process” and the need to close yet another loophole is a must and it is urgent. 

I include links below to the other decisions on public record in 2020, regarding this matter, for those interested.  

My aim was to highlight and analyse what I find to be a very serious concern regarding tactics used in repeated organisational misconduct as illegal adverse action. It must be tested, or the systemic design fixed, to stop the institutional abuse and deter such unlawful behaviour from large employers against their employees. 

I will conclude with another quote by John Adams:

“When public officials weaponise procedures, manipulate investigations, or fail to act on credible evidence for political or bureaucratic convenience, they undermine the rule of law.”

I dedicate the above quote to my local state MP for Kogarah, now NSW Premier, Chris Minns. 

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2. Fair Work Commission decision Application by Krcho, Daniel – [2020] FWC 4435 (dated 21 August 2020) - https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWC/2020/4435.html 

3. Application by Krcho, Daniel v University of New South Wales [2020] FWC 4926 (dated 14 September 2020) - https://www.fwc.gov.au/documents/decisionssigned/html/pdf/2020fwc4926.pdf