D.Q

The applicant, D.Q, brought an application under the Fair Work Act 2009 to the Fair Work Commission (FWC) seeking an order to stop the respondent from bullying her. The respondent opposed the application on the basis that a remedy application for unfair dismissal had already been lodged by the applicant and was awaiting determination. The applicant subsequently applied for the bullying application to be held in abeyance pending the outcome of the unfair dismissal application.

The court was required to determine whether the bullying application could be held in abeyance under section 789FC of the Fair Work Act. The court considered whether the unfair dismissal application was likely to address the applicant’s complaints of bullying, and whether holding the bullying application in abeyance would cause an injustice to the applicant. The court also considered whether the applicant had a genuine intention to pursue the bullying application.

The court found that it was appropriate to hold the bullying application in abeyance pending the determination of the unfair dismissal application. The court noted that the unfair dismissal application was likely to address the applicant’s complaints of bullying, as the respondent’s conduct had been alleged to be a reason for the termination of the applicant’s employment. The court also found that holding the bullying application in abeyance would not cause an injustice to the applicant, as the applicant had a genuine intention to pursue the bullying application and the unfair dismissal application provided an opportunity for the respondent’s conduct to be considered in a more comprehensive manner.

The court ordered that the bullying application be held in abeyance pending the determination of the unfair dismissal application. The court noted that if the unfair dismissal application was not determined within a reasonable time, the applicant could apply to have the bullying application reinstated.