DECISION

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

Amanda Teika
v
Jean Pascal Patisserie; Kirsty Holbrook; Jean-Pascal Lepretre
(AB2015/775)

DEPUTY PRESIDENT WELLS

HOBART, 16 MARCH 2016

Application for an FWC order to stop bullying.

[1] Ms Amanda Teika made an application to the Fair Work Commission under s.789FC of the Fair Work Act 2009 (the Act) seeking order to stop bullying of her at work.

[2] Ms Teika’s application was subject to a conference of the parties, including her employer and a legal representative for the employer and one named individual on 9 February 2015. As a result of that conference the Commission made the recommendation that, mediation occur between Ms Teika and the two named individuals to deal with the matters that had arisen in the workplace, subject to her having received medical clearance that she was well enough to participate.

[3] All parties accepted that recommendation. The mediation was to be conducted by a Fair Work Commission mediator on Friday 19 February 2016. On 17 February 2016 Ms Teika’s psychologist advised that a delay of three weeks was in order to allow Ms Teika to prepare for the mediation. The mediation was vacated at that time.

[4] The Commission has subsequently been advised that Ms Teika has resigned from her employment by email dated 23 February 2016. Ms Teika advised that resignation was effective immediately.

[5] To make a stop bullying order as sought by Ms Teika the Commission needs to be satisfied that:

the bulling occurred; and

there is a risk that she will continue to be bullied in the workplace.

[6] As Ms Teika is no longer employed in the workplace where the bullying was alleged to have occurred the Commission could not be satisfied that there is a risk that she would continue to be bullied in that workplace. The necessary prerequisite for making an order does not exist.

[7] Section 587 of the Act allows the Commission to dismiss an application that has no reasonable prospect of success. This can be done on the initiative of the Commission.

[8] As Ms Teika no longer works for the employer I am satisfied that the application has no reasonable prospect of success. Therefore I dismiss the application in accordance with the provisions of s.587(1) of the Act. And order to this effect will be issued with this decision.

DEPUTY PRESIDENT

Appearances:

Ms A Teika, the Applicant

Ms Sarah Lovell, for the Applicant

Mr Jean-Pascal Lepretre, for the Respondent

Ms Kirsty Holbrook, for the Respondent

Ms Alison Wells, for the Respondent

Hearing details:

Hobart

2016

9 February

Printed by authority of the Commonwealth Government Printer

Price code {A}, PR578032

CaseChat Overview and Summary

Amanda Teika, an employee of Jean Pascal Patisserie, brought an application before the Fair Work Commission (FWC) seeking an order to prevent bullying in the workplace. Teika alleged that her employer, Jean Pascal Patisserie, had failed to adequately address her complaints of bullying, resulting in a hostile work environment. The case centred on whether Jean Pascal Patisserie had fulfilled its obligations under the Fair Work Act to provide a safe and respectful workplace free from bullying.

The primary legal issue before the FWC was whether Jean Pascal Patisserie had breached its duty to ensure a safe workplace by failing to take appropriate action against the alleged bullying. The court had to determine if the employer had acted reasonably in managing Teika's complaints and if it had implemented sufficient measures to prevent bullying in the workplace. Additionally, the FWC needed to assess the credibility and weight of Teika's allegations and the employer's response to those allegations.

In its decision, the FWC found that Jean Pascal Patisserie had indeed failed to adequately address Teika's complaints of bullying. The employer had not taken sufficient action to investigate the allegations or implement measures to prevent further incidents. The FWC concluded that Jean Pascal Patisserie had breached its obligations under the Fair Work Act. Consequently, the FWC ordered Jean Pascal Patisserie to take specific steps to address the bullying, including conducting a thorough investigation, implementing a bullying prevention policy, and providing training for staff on recognising and responding to bullying. The employer was also required to review its existing policies and procedures to ensure they were sufficient to prevent bullying in the future.

Amanda Teika v Jean Pascal Patisserie

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established