Emmelline Snow

In the case of Emmelline Snow, the applicant sought an order from the Fair Work Commission (FWC) to stop bullying at her workplace. The matter was before the Full Bench of the FWC, which included the President, and Members Walton and Ryan. The applicant's application was for an interim order to stop the alleged bullying while the substantive application was being determined.

The primary legal issues before the Full Bench were whether to grant the applicant's request for interim orders and the principles that should guide the decision. The Full Bench considered the principles outlined in previous FWC decisions, which emphasise the importance of protecting employees from workplace bullying and the need for a balance between the rights of the parties. The Full Bench also considered the employer's significant undertaking to address the applicant's concerns and the balance of convenience against making interim orders.

After considering the principles and the circumstances of the case, the Full Bench determined that it was not appropriate to make interim orders at that time. The employer had provided a significant undertaking to address the applicant's concerns, which the Full Bench considered to be a sufficient response to the applicant's application for interim relief. The Full Bench also found that the balance of convenience favoured against making interim orders, as the employer's business would be significantly impacted by such orders. However, the Full Bench granted the applicant liberty to apply for interim orders in the future if the circumstances changed. The Full Bench assigned the matter to a Member for a conference to be conducted.

The Full Bench did not make any final orders in this proceeding but granted the applicant liberty to apply for interim orders in the future if the circumstances changed. The matter was assigned to a Member for a conference to be conducted.