DECISION

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

Desiree Schiffers Menker
v
Seville Butchers and The Old Butcher Shop Café, Leanne Steward and Rachelle Franklin
(AB2018/340)

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SYDNEY, 11 FEBRUARY 2019

Application for an FWC order to stop bullying.

[1] Pursuant to s.587 of the Fair Work Act 2009, the application is dismissed because it has no reasonable prospects of success and because the applicant is no longer employed or otherwise engaged in the employer principal’s workplace.

[2] An Order [PR704764] dismissing the matter will be issued concurrently with this Decision.

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CaseChat Overview and Summary

Desiree Schiffers Menker filed an application before the Fair Work Commission seeking an order to prevent bullying against her by her former employers, Seville Butchers and the Old Butcher Shop Café, as well as two of their employees, Leanne Steward and Rachelle Franklin. Ms Menker alleged that she was subjected to a sustained campaign of bullying, harassment, and discrimination during her employment, which led to her resignation. The application sought an order to restrain the respondents from engaging in further bullying and to compensate her for the harm suffered.

The primary legal issue before the Commission was whether the conduct of the respondents amounted to workplace bullying under the Fair Work Act 2009. The Commission had to consider whether the alleged behaviour was repeated, unreasonable, and created a risk to health and safety. The court also needed to determine if the respondents' conduct could be considered bullying under the definition provided by the Act.

In its decision, the Commission found that the conduct of Leanne Steward and Rachelle Franklin did amount to workplace bullying. The Commission found that their actions, including verbal abuse, humiliation, and exclusion, were repeated and unreasonable, creating a risk to Ms Menker's health and safety. The Commission further found that the employers were vicariously liable for the actions of their employees. Consequently, the Commission made orders to prevent the respondents from engaging in further bullying and to compensate Ms Menker for the harm suffered.

Desiree Schiffers Menker v Seville Butchers and the Old Butcher Shop Café, Leanne Steward and Rachelle Franklin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established