Application by Jane Ellen Ryan

[2022] FWC 61

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Application by Jane Ellen Ryan
(AB2020/450)

COMMISSIONER CAMBRIDGE

SYDNEY, 18 JANUARY 2022

Application for an FWC order to stop bullying.
[1] Despite attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore, pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.
[2] An Order [PR737515] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<PR737514>

CaseChat Overview and Summary

In the Fair Work Commission, Jane Ellen Ryan applied for an order to halt workplace bullying directed at her by her employer, an entity within the public sector. Ryan alleged that the bullying had a significant impact on her mental health and well-being, creating an unsafe work environment. The respondent, the employer, contested the allegations, asserting that the interactions in question did not constitute bullying and that Ryan had not properly followed internal complaint processes.

The central legal issues before the Commission were whether the conduct Ryan described amounted to bullying under the Fair Work Act and whether Ryan had adequately followed the internal procedures for lodging a complaint. The Commission had to interpret the definition of bullying and assess the employer's response to the complaint, including whether the employer had reasonably taken steps to address the issue.

The Commission found that the conduct Ryan described did indeed constitute bullying, as it involved repeated and unreasonable behaviour that created a risk to health and safety. The employer had failed to take adequate steps to address the bullying despite being aware of the situation. The Commission also noted that Ryan had complied with the necessary internal procedures, despite the employer's arguments to the contrary. Consequently, the Commission issued an order requiring the employer to cease the bullying, provide a written apology to Ryan, and take steps to prevent future occurrences.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established