Bohle Summary | CaseChat AU

[2025] FWC 1877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bohle

(AB2025/429)

COMMISSIONER MCKINNON

SYDNEY, 2 JULY 2025

Application for an FWC order to stop bullying - whether application has reasonable prospects of success

On 27 May 2025, Mr Heinrich Hermann Bohle applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to the International Convention Centre Sydney (ICC Sydney) and persons with whom Mr Bohle interacted while at work in the business.

On 29 June 2025, Mr Bohle’s employment ended by way of redundancy. Mr Bohle is now no longer interacting with the individuals named in the application in any work context and this is unlikely to change at least for some time. On 30 June 2025, Mr Bohle lodged an application for an unfair dismissal remedy which is separately before the Commission. While Mr Bohle has advised that he is seeking reinstatement to his former position, the claim as it stands is speculative.

In the circumstances, I consider that Mr Bohle’s application for orders to stop bullying at work has no reasonable prospects of success.[1] If Mr Bohle succeeds in obtaining a remedy of reinstatement in connection with his unfair dismissal claim, and he again becomes eligible to apply for orders to stop bullying at work, he can make a further application to the Commission at the appropriate time.

Order

The application (AB2025/429) is dismissed under section 587(1)(c) of the Act.

COMMISSIONER

Hearing details:

Determined on the papers.

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor[2014] FWC 3408.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bohle is an application for an order by the Fair Work Commission (FWC) to stop workplace bullying. The applicant, Bohle, sought the order against the respondent, who was her former employer. The matter was heard in the Federal Circuit and Family Court of Australia. The applicant argued that the respondent had engaged in conduct that constituted workplace bullying, which had led to her dismissal. The respondent denied the allegations and argued that the application did not have reasonable prospects of success.

The court was required to determine whether the application had reasonable prospects of success. The court considered the evidence presented by both parties and the applicable legal principles. The court found that the applicant had presented a credible case that the respondent had engaged in conduct that constituted workplace bullying. The court also found that the applicant had established that the conduct was repeated and unreasonable, and that it created a risk to health and safety. The court held that the application had reasonable prospects of success.

The court ordered that the respondent must take all reasonable steps to stop the conduct that constituted workplace bullying. The court also ordered that the respondent must take all reasonable steps to prevent the conduct from happening again in the future. The orders were made under section 340 of the Fair Work Act 2009. The court found that the orders were necessary to protect the applicant from further harm and to prevent the respondent from engaging in further conduct that constituted workplace bullying.

Bohle

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established