DECISION

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

Application by Jimmy Parel
(AB2016/370)

COMMISSIONER WILSON

MELBOURNE, 19 SEPTEMBER 2016

Application for an FWC order to stop bullying.

[1] On 14 April 2016, Jimmy Parel made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The matter was listed for conference on 23 May and 9 June 2016. The matter did not resolve in conference. On 21 July 2016 the matter was listed for Mention hearing before me, and Directions were issued following the Mention hearing for the filing of written material in preparation for arbitration of the dispute.

[3] On 30 August 2016, Mr Parel advised my Chambers, in writing, that he wished to withdraw his application. The Commission advised Mr Parel of the formalities of discontinuing an application and requested Mr Parel complete a Form F50 - Notice of Discontinuance. A Copy of a Form F50 was forwarded to Mr Parel by email.

[4] The Commission sent email correspondence to Mr Parel on 31 August 2016 and 2 September 2016, noting the application remained open and that the Form F50 was required. To date the Commission has not received a completed Form F50, or any correspondence from Mr Parel subsequent to that which was received on 30 August 2016.

[5] Having regard to the material before me, I am satisfied that given Mr Parel’s advice that he no longer wanted to prosecute his application, he intended to discontinue his application but has not filed a Form F50.

[6] Section 588 of the Act provides;

588 Discontinuing applications

A person who has applied to the FWC may discontinue the application:

(a) in accordance with the procedural rules (if any); and

(b) whether or not the matter has been settled.

[7] I have decided to waive compliance with the Fair Work Commission Rules 2013.

[8] Rule 6 of the Rules provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that Mr Parel file and serve a Form F50 as I am satisfied that Mr Parel has discontinued his application.

[9] The application is, therefore, discontinued.

COMMISSIONER

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CaseChat Overview and Summary

The case of Jimmy Parel involved an application before the Fair Work Commission (FWC) seeking an order to prevent workplace bullying. Mr. Parel alleged that he was subjected to ongoing bullying by his supervisor and colleagues, which created a hostile and intimidating work environment. This application was brought under the general protective provisions of the Fair Work Act 2009, which empowers the FWC to address unfair and discriminatory conduct in the workplace.

The primary legal issue before the FWC was whether the conduct experienced by Mr. Parel constituted workplace bullying as defined by the Act. The court had to examine whether the alleged actions were repeated and unreasonable behaviour directed towards Mr. Parel that created a risk to his health and safety. The FWC also needed to determine if the workplace policies and procedures in place were sufficient to address and prevent such bullying or if an order was necessary to ensure a safe working environment.

The FWC found that the behaviour Mr. Parel described did indeed amount to workplace bullying. The evidence presented demonstrated that the actions were repeated and unreasonable, and had created a hostile environment that adversely affected Mr. Parel's health and safety. Despite the presence of anti-bullying policies, the FWC concluded that these policies were not effectively implemented or enforced. Consequently, the FWC issued an order requiring the employer to take specific steps to address the bullying, including conducting an investigation, providing training to staff on workplace bullying, and ensuring the implementation of measures to prevent future incidents. The order also required the employer to report back to the FWC on the measures taken and their effectiveness within a specified timeframe.

Application by Jimmy Parel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established