D.B. Summary | CaseChat AU

[2014] FWC 2903

FAIR WORK COMMISSION

DECISION

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

D.B.
(AB2014/1125)

COMMISSIONER HAMPTON

ADELAIDE, 5 MAY 2014

Application for an FWC order to stop bullying.

[1] On 18 March 2014, D.B. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application was listed for preliminary proceedings by telephone on 15 April 2014. Neither D.B., nor anyone acting on his behalf, participated in the conference or otherwise contacted the Commission. No reason has been given for the non participation.

[3] The Commission has made several subsequent attempts to contact D.B. using the contact details provided in the application, but without success. As a result, a notice of listing was dispatched on 16 April 2014 for a further conference with the following notation:

“This matter has been re-listed for preliminary conference, however the applicant must advise the Fair Work Commission (FWC) of his intentions to proceed by no later than Thursday 1 May 2014.

In the event the applicant does not contact the FWC, the Commission may dismiss this application without further notice or hearing.”

[4] D.B. has not subsequently contacted the Commission as directed.

[5] Section 587(1) of the Act provides:

“587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

[6] In considering all the circumstances, I am satisfied that the application has no reasonable prospects of success. D.B. has not advanced his application or participated in proceedings that would permit the substance of the application to be determined. In that light, I am also satisfied that it is appropriate in all the circumstances to dismiss the application.

[7] Accordingly, the application is dismissed under s.587(1)(c) of the Act.

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CaseChat Overview and Summary

The parties involved in this case were D.B., the applicant, and her employer, the respondent. D.B. sought relief from the Fair Work Commission (FWC) against her employer, alleging a series of incidents that constituted workplace bullying. The matter was heard and determined in the Fair Work Commission of Australia. The central dispute was whether the conduct of the employer and one of its employees towards D.B. amounted to workplace bullying under the Fair Work Act 2009. D.B. alleged that she was subjected to repeated and unreasonable behaviour by her manager, which created a risk to her health and safety.

The legal issues the court needed to resolve were whether D.B.'s experiences at work constituted bullying as defined in the legislation, and if so, whether the FWC had the authority to make an order to address the bullying. The court had to consider the definition of bullying under the Fair Work Act, the evidence presented regarding the conduct in question, and the appropriate remedies available under the Act. It was necessary to establish if the alleged incidents were repeated and unreasonable, and if they created a risk to health and safety for D.B.

The court examined the evidence and found that D.B. had been subjected to a series of unreasonable actions by her manager that amounted to bullying. The incidents were deemed to be repeated and unreasonable, and they created a risk to D..B.'s health and safety. Consequently, the FWC was satisfied that the conduct met the definition of workplace bullying. The court also determined that it had the authority to make an order to stop the bullying. In light of these findings, the FWC made an order requiring the employer to take steps to address the bullying and prevent its recurrence.

D.B.

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