"When injustice becomes law, resistance becomes duty."
Thomas Jefferson
The cases I was going to briefly mention in part 3, have been removed from AustLii, with no forwarding URL. I won’t speculate why, I’m not a lawyer to know how all these legal processes work.
My aim was to highlight some serious flaws in the system that would deter any employee from taking a serious matter of adverse action to the Fair Work Commission. This included medical fraud from “practitioners” AHPRA would do well to finally investigate and HR employment relations staff in large organisations, who have a game plan in adverse action and resources to carry out the unlawful plan.
That tactic has now become common knowledge. It needs to be addressed, along with serious misconduct, and the collusion and complicity involved to carry out such serious misconduct targeting employees who requested generally protected workplace rights under the Fair Work Act.
Employees should not have to “lawyer up”, with law firms quoting a starting cost of $40,000, and more, depending on how “obstructive” and “aggressive” the employer gets. What … the … hell?
To take a non-existent matter to the Fair Work Commission, be forced to spend money you’ve worked honestly and hard for, that’s money earned to keep the roof over your head, pay bills, food, health and other cost of living expenses, support your family etc.
How is it fair to allow employers with resources (that should be put to better use, for the common good), to target employees in such human cruelty and force them to play strategic war games to save their livelihoods, families and their good name?
Since when did Australians become so inhumane and cruel? We should be able to respectfully seek assistance for a safe work issue and not fear retaliation, adverse action, victimisation, ostracism, mobbing, and in extreme cases (like mine), psychological terrorism!
Ironically, for requesting some agreed boundaries for a psychosocially safe work environment! An extremely reasonable request and a WHS legal obligation!
WAKE UP SAFEWORK NSW!
I will point out the concerns I had with this ongoing case that continued into 2021. I can’t reference or provide a link to the two cases in AustLii since they are no longer available.
In April 2021, there was an appeal for a denied request for a Stop Bullying order. This document had stated that the decision to deny the appeal was not reflective of the merits of the complainant’s bullying allegations, which were not considered in this instance, but was based on him no longer being employed at the workplace and being unable to be subject to the risk of continued bullying at the workplace.
In other words, the complainant was bullied and systemically abused out of the workplace. Given the denial of the initial stop bullying order, this clearly shows systemic failure. What hope do any of us have, in applying for a stop bullying order, with such abuse of power in the university sector targeting employees?
In such cases, the bully is the employer! As adverse action! It ceases to be about a colleague at the local level relentlessly bullying another colleague.
Why aren’t SafeWork regulators investigating and ordering compliance to stop psychosocial hazards, which I thought was their core business?
No one being abused by HR executives, who have an abundance of resources, should be expected to go through more power imbalance and systemic abuse that causes more harm and risk to health, safety and wellbeing of workers!
Another appeal for a denied request for a Stop Bulying order was made in August 2021. It was denied again, the decision maker being a Vice President of the Fair Work Commission. My concern with this one is the possibility for an undisclosed conflict of interest. I’m not alleging any wrongdoing by the Vice President of the FWC. However, the fact that he was a former senior partner of Clayton Utz legal, would such a conflict of interest have been disclosed, given R. Christmann enlisted Clayton Utz lawyers to unlawfully intimidate my family “on behalf of the university”, and Clayton Utz did the same to me in February 2021, when I made a complaint to SafeWork NSW and included three colleagues as witnesses?
After all, I was being ostracised under workers compensation regulations, psychologically terrorised and mobbed while Rena Christmann continued to harass me when I had demanded her to stop. I tried to legally restrain her. But no one protected me or kept me safe from the offender and cause of my claim, especially Safe Work NSW. (See http://mystory-myvoice.blogspot.com/2025/07/apvo-court-registrars-response.html; http://mystory-myvoice.blogspot.com/2025/07/the-workplace-harassment-continued.html; http://mystory-myvoice.blogspot.com/2025/07/intimidating-family-as-community.html; http://mystory-myvoice.blogspot.com/2025/07/q-workplace-solutions-misinformation.html).
The letter from Clayton Utz was another aggressive and illegal “scare tactic” to deter me from taking my matter to the Fair Work Commission. My GP told me to forward the letter to the IRO funded workers compensation solicitor, as they shouldn’t be harassing me, especially now, under workers compensation regulations. What’s shocking was that Matthew Condello of Clayton Utz had the arrogant audacity to tell my IRO funded workers compensation solicitor that I was to “refrain” from contacting my colleagues.
What’s more shocking is that the workers compensation solicitor asked me, “What did you do?” I replied, “I haven’t done anything. They are the perpetrators of abuse.”
The victim gets blamed again, like always, and I’ve had a gutful of having to convince lawyers meant to represent me, of the truth, when they are not even willing to view my records of evidence that supports what I’ve said and been through.
WHAT DID YOU DO?
How disgusting. What assumptions were made, by IRO funded workers compensation solicitors?
BUT IRO AND SIRA NSW AND SAFEWORK NSW DID NOTHING TO STOP THE ABUSE.
And given today’s disgraceful and dismissive response from the Secretary of the NSW Department of Customer Service, Mr. Graeme Head, I will demand his resignation. I’m shaking, living in fear, still isolated and alone, while the crime of workers compensation fraud as adverse action from the self-insured employer continues. Everything I worked hard for is being stolen. Graeme Head is getting paid well, to do the stealing. He’s done nothing to earn his lucrative salary in his lucrative job.
What game is the Minns government playing with the lives and livelihood of simple, hardworking people? With me, Chris Minns chose to embroil me in his dirty political games. And I’m going to write about it.
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I have not viewed the records still in Austlii, below. I’ve said what I had to say about the Fair Work Commission.
29 January 2021
Dr Daniel Krcho v University of New South Wales t/a UNSW Sydney [2021] FWCFB 350 http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWCFB/2021/350.html
1 February 2021
Dr Daniel Krcho v University of New South Wales t/a UNSW Sydney [2021] FWC 140 http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWC/2021/140.html
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