September 26, 2014

Police v BT

Key Words: Apprehended violence application – allegation made in course of employment – application withdrawn and dismissed

Facts:

Our client, BT, and the applicant were co-workers at an ASX 200 company. The applicant’s allegations were that during the course of employment our client and the applicant had a verbal disagreement after which BT was alleged to have grabbed the arm of the applicant causing her to feel pain through her arm and feel scared. BT was further alleged to have threatened the applicant to the effect that if the applicant did not do follow BT’s arguments then the applicant would be made redundant.

Our client made a formal victim to her employer and the matter was investigated internally by the employer. The applicant made a private application for an apprehended violence order (AVO) naming herself as the protected person.

Outcome:

BT opposed the AVO and the matter was listed for hearing before the Local Court. Representations were made to have the charge against BT withdrawn. Those representations were successful and the charge was withdrawn and dismissed on the morning of the hearing.