Gaylene May McDonald

The case of Gaylene May McDonald involves an application to the Fair Work Commission for an order to stop bullying. The applicant claimed that she had been bullied by a fellow member of a voluntary association, which did not employ any staff. The dispute was adjudicated by the Federal Court of Australia. The primary legal issue was whether the applicant was a "worker" under the Fair Work Act 2009, which would confer jurisdiction upon the FWC to entertain the application. The court had to determine if the applicant's relationship with the association constituted employment, given that the association was a voluntary one with no employees.

The court examined the definition of "worker" under the Fair Work Act, which includes employees and contractors but excludes those who are members of voluntary associations without any employment relationship. The applicant argued that her position within the association, despite being unpaid, involved a level of responsibility and involvement that should qualify her as a worker. The court, however, found that the applicant's role was that of a member of a voluntary organisation, without any employment-like duties or benefits, and thus did not fall within the Act's definition of a worker. This interpretation aligned with the legislative intent to restrict FWC jurisdiction to cases involving employment relationships.

Based on the above findings, the court concluded that the applicant was not a worker within the meaning of the Fair Work Act. Consequently, the FWC lacked jurisdiction to make an order against the alleged bully. The application was dismissed, and no order was made in favour of the applicant. The decision underscores the importance of distinguishing between voluntary associations and employment relationships when determining the scope of FWC jurisdiction in cases of alleged workplace bullying.