Devaradjou

[2023] FWC 2789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Devaradjou

(AB2023/439)

COMMISSIONER MCKINNON

SYDNEY, 25 OCTOBER 2023

Application for an order to stop bullying

On 15 September 2023, Mr Kabirdas Devaradjou 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 Suzlon Energy Australia Pty Ltd (Suzlon Energy) and persons with whom Mr Devaradjou worked with while he was at work in that business.

On 3 October 2023, Mr Devaradjou’s position was made redundant. The redundancy took effect on 5 or 6 October 2023 at which time his employment terminated.

On the facts, and because Mr Devaradjou is no longer at work in the business of Suzlon Energy, there is no foreseeable risk that he will continue to be bullied at work in that business. Accordingly, the Commission could not make any orders in the matter. The application has no reasonable prospects of success.[1]

In the circumstances, the appropriate course is to dismiss the application 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 applicants sought an order to prevent the respondent from engaging in bullying conduct towards them. The case was heard in the Federal Circuit Court of Australia. The applicants alleged that the respondent had been subjecting them to persistent and unreasonable conduct that amounted to bullying. This conduct included verbal abuse, threats, and intimidation. The applicants sought relief under the Fair Work Act 2009, which provides protection against workplace bullying.

The primary legal issue was whether the conduct of the respondent constituted bullying under the relevant provisions of the Fair Work Act. The court had to consider whether the conduct was of a kind that a reasonable person, having regard to all the circumstances, would regard as bullying. The court also needed to assess if the conduct was unreasonable and if it created a risk to health and safety. The court considered evidence from both parties, including witness statements, and evaluated the severity and frequency of the alleged bullying.

The court found that the respondent's conduct did indeed amount to bullying. It concluded that the behaviour was unreasonable and had created a risk to the applicants' health and safety. The evidence demonstrated that the bullying was persistent and had a significant impact on the applicants. The court emphasised the importance of maintaining a safe and respectful workplace. Based on these findings, the court granted the application and issued an order prohibiting the respondent from engaging in further bullying conduct.

The court's orders included a direction for the respondent to cease all forms of bullying towards the applicants, and to refrain from any conduct that might reasonably be regarded as bullying. The court also ordered that the respondent attend a mediation session to discuss the effects of the bullying and ways to prevent future occurrences. The orders were designed to protect the applicants and to ensure compliance with workplace safety laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established