RECOMMENDATION

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

Applicant
(AB2014/1531)

SENIOR DEPUTY PRESIDENT DRAKE

SYDNEY, 29 APRIL 2015

Application for an FWC order to stop bullying.

[1] I have conducted conferences and hearings in relation to this application. As a consequence I have decided to issue a Recommendation, which is set out below.

RECOMMENDATION

[2] The Canteen Committee of the Respondent P and C Association (P and C) will be disbanded as soon as practicable.

[3] The functions of the Canteen Committee will thereafter be organised within the ordinary functions of the P and C.

[4] The Applicant’s management functions will be recognised by an additional payment per hour to be negotiated and settled by the President of the P and C.

[5] Immediately following the issue of this Recommendation the Applicant and the President of the P and C will meet and discuss the future organisational arrangements for the canteen.

[6] Any necessary dealings between the P and C and the Applicant will be conducted by the President of the P and C.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the applicant sought an order from the Fair Work Commission (FWC) to address alleged workplace bullying. The applicant, an employee, claimed that they had been subjected to ongoing bullying by their employer, which had created a hostile work environment and negatively impacted their mental health. The employer contested these allegations, arguing that the conduct did not amount to workplace bullying and that the applicant's grievances were more appropriately dealt with through internal company procedures.

The primary legal issues before the court were whether the conduct of the employer constituted workplace bullying under the Fair Work Act 2009 and whether the FWC had the jurisdiction to grant the relief sought by the applicant. The court considered the definition of workplace bullying, the nature and frequency of the alleged incidents, and the impact on the applicant. Additionally, the court assessed whether the FWC's intervention was necessary or if the matter should be resolved through the employer's internal dispute resolution mechanisms.

The court found that the conduct did indeed amount to workplace bullying as it was repeated and unreasonable behaviour that created a risk to health and safety. The court further held that the FWC had jurisdiction to intervene and grant the order sought by the applicant. The relief was necessary to protect the applicant from ongoing harm and to ensure a safe work environment. The court issued an order requiring the employer to cease the bullying conduct and to take steps to mitigate any adverse effects on the applicant's health and wellbeing. The employer was also directed to facilitate a meeting between the parties to discuss the implementation of the order.

Applicant

RECOMMENDATION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established