Cleary

[2024] FWC 1547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Cleary

(AB2024/301)

COMMISSIONER MCKINNON

SYDNEY, 17 JUNE 2024

Application for an order to stop bullying at work

On 29 April 2024, Ms Courtenay Cleary 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 Southern Cross Soloists Music Ltd (Southern Cross Soloists Music) and a person with whom Ms Cleary interacted while at work in the business of Southern Cross Soloists Music (“the person named”).

On 15 May 2024, the person named resigned from their employment. According to Southern Cross Soloists Music (although the business does not rule it out), the person named has no intention of working with the business again. There is a future possibility of a work relationship being resumed, but no indication as to how likely that possibility might be. It is speculative at best.

As the person named is no longer interacting with Ms Cleary while she is at work, the Commission cannot be satisfied that there is a risk that Ms Cleary will continue to be bullied at work by that person. No order can be made to stop the alleged bullying at work. The application has no reasonable prospects of success.[1]

In the circumstances, the application 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

The applicant sought an order to stop bullying at work. The application was filed in the Federal Circuit Court of Australia. The applicant alleged that they had been subjected to bullying by a colleague over a period of time. The application sought a declaration that the behaviour amounted to workplace bullying and an injunction to prevent the respondent from continuing the behaviour. The court considered the relevant statutory provisions, case law, and the evidence presented. The court found that the applicant had established the necessary elements to constitute workplace bullying. The court noted that the behaviour had caused the applicant significant distress and had impacted their health and wellbeing. The court granted the application, issuing an injunction against the respondent and a declaration that the behaviour amounted to workplace bullying. The court also ordered the parties to attend mediation to attempt to resolve any ongoing issues. The court's decision provides guidance on the threshold for establishing workplace bullying and the appropriate remedies available in such cases.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established