Dr Say Teong Ng

Dr Say Teong Ng brought an application before the Fair Work Commission (FWC) seeking an order to cease alleged bullying behaviour by his employer. The employer subsequently applied to have the application dismissed, arguing that there were no reasonable prospects of success due to the statutory criteria set out in the Fair Work Act. The central issue before the Commission was whether the application met the threshold of having reasonable prospects of success, particularly in light of the future risk implications outlined in section 789FF(1)(b) of the Act.

The Commission considered the statutory requirements and the relevant case law, which established that an application for an order under section 789FF of the Fair Work Act must demonstrate reasonable prospects of success. This involves an assessment of the evidence and the likelihood of the applicant proving the allegations of bullying. In this case, the Commission deliberated on the specific circumstances presented by Dr Ng and weighed these against the statutory criteria. The Commission concluded that, based on the current evidence and the future risk considerations, it was not satisfied that there were no reasonable prospects of success for Dr Ng's application.

The Commission decided that the matter of discretion to dismiss the application under section 587(1)(c) of the Act did not arise, as the primary inquiry focused on the reasonable prospects of success. The application was adjourned with the liberty for Dr Ng to reapply if new evidence or circumstances emerged that met the statutory threshold. This decision underscored the importance of demonstrating a viable case at the initial application stage and highlighted the Commission's approach to balancing the statutory requirements with the applicant's claims.