Aussie car dealer unleashes explosive claims against his boss as their personality clash turns toxic

A luxury car dealer who claimed his boss bullied him over garlic breath and a breakfast platter has lost his case at the Fair Work Commission. 

James Gower, a former employee of Barbagallo Motors in Perth, alleged he endured more than a year of unreasonable treatment from his sales manager, James Figueroa, before resigning in September 2024. 

In formal evidence, Mr Gower alleged the workplace behaviour began in early 2023, escalating to the point where he took personal leave due to depression.

Among the alleged incidents were Mr Figueroa spreading false rumours, accusing Mr Gower of smelling of garlic, berating him for the way in which he prepared a breakfast platter and refusing his request for two days leave with six months’ notice.

Mr Figueroa denied the allegations. He told the Commission he never said ‘you stink’ and only asked Mr Gower if he had eaten garlic after receiving a customer complaint about a smell in a confined space. 

He also denied berating Mr Gower over the food and champagne served to clients, saying it was reasonable to raise concerns given the luxury nature of the dealership’s brands including Ferrari, Lamborghini and Rolls-Royce, and the bespoke service expected by their clientele. 

An external HR consultant, Wendy Jeffrey-Lonnie, found the manager’s conduct did not amount to bullying or harassment. She said many of Mr Gower’s claims were unsubstantiated or not supported by other staff. 

Barbagallo Motors said it had offered to move Mr Gower to another role away from Mr Figueroa, but he declined. Mr Gower instead asked for Mr Figueroa to be moved, something the Commission does not have the power to order. 

Commissioner Paul Schneider dismissed the application, finding that while the relationship between the two men was clearly strained, the evidence did not support a finding of workplace bullying. 

‘It is not uncommon for strained interpersonal relationships to exist in the workplace, especially between managers and subordinates,’ he said.

‘However, there is a significant difference between a strained relationship and workplace bullying.

‘I have formed the view that the relationship between Mr Gower and the Person Named was at times strained, due to interpersonal differences and conflicting personalities. 

‘It seems that the Person Named may at times come across too abrasive for Mr Gower. However, I am not satisfied this could be considered more than a lack of personal compatibility rising to the level of bullying.’