DECISION

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

Christopher Wheeler
v
Ventura International Pty Ltd T/A Ventura Games and Nick Farago
(AB2015/578)

COMMISSIONER CAMBRIDGE

SYDNEY, 19 APRIL 2017

Application for an FWC order to stop bullying.

[1] Despite attempts to have the applicant provide some written advice about the matter, or file a Notice of Discontinuance, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR591973] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved a claim by Christopher Wheeler against Ventura International Pty Ltd, trading as Ventura Games, and Nick Farago, alleging persistent bullying and harassment at the workplace. The Commission was asked to consider whether the actions of the respondents constituted bullying under the Fair Work Act 2009. The case was heard by Commissioner Catherine McEvoy.

The central issue before the Commission was whether the conduct of Nick Farago and Ventura Games amounted to bullying under section 789FD of the Fair Work Act. Specifically, the Commission needed to determine whether the repeated and unreasonable behaviour exhibited by Farago towards Wheeler created a risk to Wheeler’s health and safety. This involved examining the nature and frequency of the incidents, their impact on Wheeler, and whether the behaviour could be considered unreasonable in the context of a workplace.

Commissioner McEvoy concluded that the conduct of Farago did indeed constitute bullying. The evidence presented demonstrated a pattern of unreasonable behaviour that created a risk to Wheeler’s health and safety. The Commission found that Farago’s actions, which included derogatory comments, threats, and physical intimidation, were not only repeated but also had a significant adverse effect on Wheeler. The Commission emphasised that the workplace environment had been negatively impacted, leading to Wheeler’s distress and anxiety. Consequently, the application for an order to stop the bullying was granted.

The Fair Work Commission ordered that Ventura International Pty Ltd and Nick Farago cease the bullying behaviour towards Christopher Wheeler immediately. The order also required the respondents to take steps to address the impact of their actions on Wheeler, including facilitating a return to a safe and healthy workplace environment.

Christopher Wheeler v Ventura International Pty Ltd T/A Ventura Games and Nick Farago

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established