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

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.

Taylor, Sally-Anne, applied to the Federal Circuit Court to seek relief from workplace bullying. The respondent was her employer, and the matter was heard by Justice Bromberg. Ms Taylor-Anne alleged that her employer subjected her to acts of workplace bullying, contrary to the Fair Work Act. She sought an order for the employer to take specific steps to address the bullying and for compensation for the harm suffered.

The court had to determine whether Ms Taylor-Anne had reasonable prospects of succeeding in her claim. This involved assessing the evidence presented and considering whether there were reasonable grounds to believe that the employer engaged in conduct that could be characterised as workplace bullying. Justice Bromberg examined the allegations in detail and evaluated the likelihood of the applicant prevailing in a full hearing.

After careful consideration, Justice Bromberg found that Ms Taylor-Anne did not have reasonable prospects of success in her claim. The court noted that while the applicant had presented some evidence of unpleasant conduct, it was not sufficient to establish that the conduct amounted to workplace bullying under the Act. Consequently, the application was dismissed. The court did not make any orders as the application was dismissed on the basis of the prospects of success.

Application by Taylor, Sally-Anne

DECISION

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