DECISION

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

Application by Monserrath Duke
(AB2021/123)

COMMISSIONER CAMBRIDGE

SYDNEY, 8 SEPTEMBER 2021

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 [PR733255] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Monserrath Duke seeking an order to cease bullying at her workplace. Duke alleged that her supervisor and colleagues had subjected her to a sustained pattern of hostile and abusive behaviour, including verbal harassment and exclusion from team activities. This application was brought under the Fair Work Act, aiming to protect employees from workplace bullying.

The central legal issue was whether Duke's experiences constituted workplace bullying as defined by the Fair Work Act. The Commission needed to determine if the conduct was unreasonable and created a risk to health and safety. Key considerations included the frequency, intensity, and duration of the alleged bullying, as well as the impact on Duke's wellbeing. The Commission examined the evidence provided by Duke and any responses from the employer to assess if the threshold for workplace bullying had been met.

After reviewing the evidence, the Fair Work Commission found that the behaviour exhibited by Duke's supervisor and colleagues did indeed constitute workplace bullying. The Commission emphasised that the conduct was repeated and unreasonable, leading to a risk to Duke's health and safety. Consequently, the Commission issued an order requiring the employer to take immediate steps to address the bullying, including conducting a review of workplace practices and providing support to Duke. The order also mandated that the employer implement measures to prevent any recurrence of such behaviour in the future.

The Commission's decision underscored the importance of a safe and respectful workplace and highlighted the need for employers to take proactive steps to prevent and address bullying. The final orders required the employer to provide a written report on the actions taken to remedy the situation and to ensure compliance with the anti-bullying provisions of the Fair Work Act.

Application by Monserrath Duke

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established