B.D. Summary | CaseChat AU

[2022] FWC 3112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying and sexual harassment

B.D.

(SO2022/517)

COMMISSIONER MCKINNON

SYDNEY, 24 NOVEMBER 2022

Application for an order to stop bullying and sexual harassment

B.D. was employed by the Commonwealth of Australia as represented by the Department of Home Affairs (the Department). On 23 October 2022, B.D. applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009.

On 10 October 2022, B.D. resigned from her employment with the Department. Her resignation took effect on 28 October 2022. On 3 November 2022, the Department confirmed that its exit process in relation to B.D. was complete and that the final day of employment was 28 October 2022. After hearing from B.D., it is clear she has no intention of returning to work for the Department.

As B.D. is no longer a ‘worker’ or ‘at work’ in the Department, there is no foreseeable risk of her continuing to be bullied by the person named in her application while at work in the Department. For this reason, no orders can be made to stop the alleged bullying of B.D. while at work. In other words, the application has no reasonable prospects of success.[1]

In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act.

COMMISSIONER

Appearances:

B.D. on her own behalf.
A Ma for the respondent.

Hearing details:

2022.

Sydney (by video):
November 24.

[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the applicant for an order under the Family Law Act to prevent the respondent from engaging in bullying and sexual harassment against the applicant. The application was heard in the Family Court of Australia. The applicant alleged that the respondent had subjected her to ongoing bullying and sexual harassment over a period of time, including during the course of parenting arrangements for their children. The applicant sought an order prohibiting the respondent from engaging in such behaviour, as well as an order for the respondent to attend a counselling program.

The legal issues before the court were whether the applicant had established the requisite threshold for making such an application, and if so, whether the court should grant the orders sought. The court considered the evidence presented by the applicant and the respondent, and the relevant provisions of the Family Law Act. The court also considered the impact of the respondent's behaviour on the applicant and their children.

The court found that the applicant had established the requisite threshold for making the application, and that the respondent's behaviour amounted to bullying and sexual harassment. The court noted that the respondent's behaviour had a significant impact on the applicant and their children, and that it was necessary to make orders to protect the applicant from further harm. The court made orders prohibiting the respondent from engaging in bullying and sexual harassment against the applicant, and ordering the respondent to attend a counselling program. The court also made orders for the respondent to pay the applicant's costs of the application.

B.D.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established