Application by Monserrath Duke

In the Fair Work Commission, Monserrath Duke applied for an order against her employer, requesting an immediate cessation of alleged bullying behaviour. Duke claimed that her employer had subjected her to a series of incidents that constituted workplace bullying, significantly impacting her mental health and ability to perform her job. The case was brought before the Fair Work Commission, which has jurisdiction over workplace disputes under the Fair Work Act 2009.

The primary legal issue before the Commission was whether Duke's experiences amounted to workplace bullying as defined by the Act. The Commission considered whether the behaviour was unreasonable and created a risk to health and safety, focusing on the cumulative effect of the incidents. The employer argued that the actions were part of normal workplace conduct and did not meet the threshold for bullying. The Commission examined the nature, frequency, and impact of the interactions to determine if they were indeed unreasonable and created a risk to health and safety.

After carefully evaluating the evidence, the Commission found that the employer's actions did constitute workplace bullying. The cumulative effect of the interactions was deemed to be unreasonable and created a risk to Duke's health and safety. The Commission issued an order requiring the employer to cease the bullying behaviour immediately and take steps to prevent its recurrence. This included implementing specific measures to address the workplace environment and support Duke's wellbeing.

The Commission also directed the employer to provide a written apology to Duke and compensate her for any loss of earnings and costs incurred due to the bullying. The order underscored the importance of a safe and respectful workplace and the Commission's commitment to enforcing protections against bullying.