Application by Taylor, Sally-Anne

[2021] FWC 6566

[2021] FWC 6566

FAIR WORK COMMISSION

DECISION

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

Application by Taylor, Sally-Anne
(AB2021/422)

COMMISSIONER MCKINNON MELBOURNE, 9 DECEMBER 2021

Allegations of workplace bullying – whether reasonable prospects of success – application dismissed.

[1] On 28 July 2021, Sally-Anne Taylor applied for an order to stop bullying against William Hawken, the director of her former employer, Bacchus Marsh Farm Supplies Pty Ltd. Mr Hawken denies bullying Ms Taylor at work and says his actions were reasonable management action, carried out in a reasonable manner. He also says that the application has no reasonable prospects of success because Ms Taylor is no longer employed by the business.

[2] Ms Taylor’s employment with Bacchus Marsh Farm Supplies has come to an end. Her last day of work was 9 August 2021 and her last day of employment was 16 August 2021. Ms Taylor has not had any contact with the business since 9 August 2021, other than in connection with this application. She no longer performs any work, or carries out any authorised activities, for the business. On my assessment, the likelihood of these circumstances changing in the foreseeable future is low.

[3] Having considered the materials filed by the parties and the submissions at hearing on 9 September 2021, which Ms Taylor did not attend, I have decided to exercise my discretion under s.587 of the Act to dismiss Ms Taylor’s application. This is because the employment relationship has come to an end and Ms Taylor is no longer a “worker” within the meaning of Part 6-4B of the Fair Work Act 2009 (the Act). She is not “at work” in the sense required to enliven the Commission’s jurisdiction under Part 6-4B. 1

[4] It is not necessary to decide whether Mr Hawken has bullied Ms Taylor at work. I cannot make an order to stop bullying at work unless I am satisfied that there is a risk the bullying will continue. I am not so satisfied in this case. The materials do not persuade me that there is any risk that Ms Taylor will continue to be bullied at work by Mr Hawken. The application has no reasonable prospects of success.

[5] The application is dismissed pursuant to s.587(1)(c) of the Act.

COMMISSIONER

Appearances:

No appearance from the applicant.

W Hawken for the respondents.

Hearing details:

2021.
Melbourne (video-hearing):
September 9.

Printed by authority of the Commonwealth Government Printer

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 1   Fair Work Act 2009 (Cth), s.789FC(2); Work Health and Safety Act 2011 (Cth), s.7(1); Bowker & Ors v DP World & Ors [2014] FWCFB 9227.