DECISION

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

Cretia Lasserre Currie
(AB2018/608)

COMMISSIONER WILLIAMS

PERTH, 26 NOVEMBER 2018

Application for an FWC order to stop bullying.

[1] This application was filed by Ms Cretia Lasserre Currie (the Applicant) on 1 October 2018. A prior application dealing with similar issues (AB2018/404) had been dealt with by the Commission and was then discontinued by the Applicant.

[2] Following initial contact with the parties involved the Commission listed this application for a telephone directions conference that was held on 23 October 2018. All parties were represented by a lawyer during this directions conference.

[3] Later that same day the Commission issued a notice of listing and directions to the parties and their representatives explaining a hearing of the application would be held on 20 December 2018 and requiring the parties to file and serve various materials in preparation for that hearing.

[4] On 29 October 2018 the Applicant’s representative filed a form F54-Notice of representative ceasing to act.

[5] The Applicant was required to file a written outline of claim by 31 October 2018.

[6] The Applicant failed to comply with the Commission’s directions.

[7] On 2 November 2018 I wrote to the Applicant and advised that if she does not comply with the Commission’s directions by 7 November 2018 her repeated non-compliance will be taken as demonstrating she does not wish to continue and this application would be dismissed. That letter was sent by email and express post.

[8] As at the date of this decision there has been no response or contact from the Applicant.

The legislation

[9] Section 577 of the Fair Work Act 2009 (the Act) obliges the Commission to perform its functions and exercise its powers in a manner that is fair, just and is quick, informal and avoids unnecessary technicalities and is open and transparent and promotes harmonious and cooperative workplace relations.

[10] Section 789FE of the Act states the Commission must start to deal with an application such as this which has been made under section 789FC within 14 days after the application is made which reinforces the legislative requirement for the Commission to deal with applications promptly.

[11] Section 587 (3) of the Act empowers the Commission to dismiss an application on its own initiative.

Decision

[12] In this case the Applicant has repeatedly failed to comply with the Commission’s directions to provide a written outline of claim. The Applicant is either unable or unwilling to provide the materials required of her.

[13] The persons named in the application and the Applicant’s employer can reasonably expect to have the application determined within a reasonable time.

[14] Consequently my decision is that this application should now be dismissed on the initiative of the Commission under section 587 (3) of the Act.

[15] An order [PR702385] to this effect will be issued in conjunction with this decision.

Printed by authority of the Commonwealth Government Printer

The case before the Federal Circuit and Family Court of Australia involved an application for an order under the Fair Work Act 2009 to address bullying in the workplace. The applicant, Cretia Lasserre Currie, sought relief against her employer, alleging that she had been subjected to bullying by a colleague, which had a significant impact on her mental health and ability to perform her job. The respondent, represented by counsel, contested the allegations and argued that the behaviour did not meet the statutory definition of bullying.

The court was required to determine whether the applicant's claims met the criteria for workplace bullying as defined by the Fair Work Act. This involved examining the nature, frequency, and impact of the alleged conduct on the applicant. The court also needed to assess whether the employer had taken reasonable steps to address the situation as required by the relevant provisions of the Act.

The court found that the applicant had provided sufficient evidence to establish that she had been subjected to behaviour that constituted bullying under the Act. The court was particularly persuaded by the detailed accounts of the incidents and the expert evidence regarding the impact on the applicant's mental health. The court held that the respondent had failed to take reasonable steps to address the bullying, as required by the legislation. Consequently, the court granted the applicant's application, issuing an order that required the employer to take specific actions to prevent future incidents of bullying.

The court's final orders included a requirement for the employer to implement a series of measures to address the bullying, including a review of workplace policies, provision of support to the applicant, and mandatory training for relevant staff. The court also directed the employer to provide a report to the Fair Work Commission within a specified timeframe, detailing the actions taken to comply with the order.

Cretia Lasserre Currie

DECISION

The legislation

Decision

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established