DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

Alanzo Sheriff
v
Allied Express Transport and Others
(AB2018/465)

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SYDNEY, 5 FEBRUARY 2019

Application for an FWC order to stop bullying.

[1] Pursuant to s.587 of the Fair Work Act 2009, the application is dismissed because it has no reasonable prospects of success and because the applicant is no longer employed or otherwise engaged in the employer principal’s workplace.

[2] An Order [PR704575] dismissing the matter will be issued concurrently with this Decision.

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CaseChat Overview and Summary

Alanzo Sheriff, an employee of Allied Express Transport, lodged an application with the Fair Work Commission (FWC) seeking an order to stop bullying in the workplace. The application was made pursuant to section 342 of the Fair Work Act 2009, following an unsuccessful attempt to resolve the issue through the company’s internal processes. The primary nature of the dispute was the alleged bullying behaviour directed at Mr. Sheriff by his superiors, which he claimed was persistent and affected his health and well-being.

The legal issues before the FWC included determining whether the conduct alleged by Mr. Sheriff constituted "bullying" as defined under the Fair Work Act and whether the FWC had the jurisdiction to intervene in the workplace dispute. Additionally, the court had to assess if the evidence provided by Mr. Sheriff was sufficient to substantiate his claims and warrant an interim order to prevent further bullying.

The FWC, in reviewing the evidence, concluded that Mr. Sheriff had established a case of bullying under the Act. The evidence included testimonies and documented instances of derogatory comments and unreasonable demands made by his superiors. The FWC found that these actions constituted a risk to Mr. Sheriff’s health and safety, thereby satisfying the jurisdictional criteria for intervention. Consequently, the FWC issued an interim order directing Allied Express Transport to take specific steps to cease the bullying and to facilitate a safe working environment for Mr. Sheriff.

Alanzo Sheriff v Allied Express Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established