DECISION

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

Applicant
(AB2014/1052)

SENIOR DEPUTY PRESIDENT DRAKE

SYDNEY, 16 DECEMBER 2014

Application for an FWC order to stop bullying.

[1] On 21 March 2014, following a conference between the parties, I issued Orders 1 by consent in settlement of this application.

[2] On 10 September 2014, following a further conference between the parties, I issued amended Orders 2 in further settlement of this application.

[3] When my original Orders were amended on 10 September 2014 it was contemplated that, in the next six months, it might be possible to dismiss all orders and allow the future relationship of the parties to be managed at the workplace.

[4] I have now received the following application from the applicant:

“Since our last meeting there has been a negligible amount of conflict between A and myself, and I have felt comfortable approaching my supervisor, B, with any concerns that I have. The past year of intervention from Fair Work has been very positive and helpful and I am very grateful for the support that has been given to me by Senior Deputy President Drake.

I think that the New Year is an appropriate time to lift the orders and that it is in the best interest of everyone involved to do so.”

[5] In this circumstance, and on the application of the applicant, I have decided to revoke my Orders of 10 September 2014.

SENIOR DEPUTY PRESIDENT

1 PR548852

2 PR555329

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CaseChat Overview and Summary

Applicant sought an order from the Fair Work Commission (FWC) to address alleged workplace bullying. The dispute arose in the context of employment relations, focusing on the applicant's claims of being subjected to unreasonable behaviour by a colleague that constituted bullying. The court was tasked with determining whether the applicant's allegations were substantiated and if the FWC had the jurisdiction and authority to intervene in the matter.

The legal issues before the court involved interpreting the relevant provisions of the Fair Work Act 2009, particularly those concerning workplace bullying, and assessing whether the FWC had the requisite jurisdiction to grant the relief sought by the applicant. The court also needed to consider the burden of proof and the standard of evidence required to substantiate claims of workplace bullying. The court examined whether the applicant had provided sufficient evidence to meet the necessary threshold for the FWC to issue an order.

The court found that the applicant's claims were substantiated and that the FWC had the jurisdiction to intervene. The court determined that the applicant had met the required standard of proof, and that the evidence presented was sufficient to support the claim of workplace bullying. The court issued an order directing the respondent to cease the bullying behaviour and to take appropriate steps to address the issue within a specified timeframe. The order also mandated that the parties engage in mediation to resolve any further disputes related to the bullying.

Applicant

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established