Hang Li

Hang Li applied to the Fair Work Commission (FWC) for an order that her employer stop bullying her. The respondent employer opposed the application, arguing that the conduct was not sufficiently serious to amount to bullying. The case was heard by the FWC, which had to determine whether the conduct was indeed bullying under the Fair Work Act 2009. The court needed to establish whether the actions of the employer constituted bullying and if so, whether the threshold for FWC intervention had been met.

The FWC considered the evidence presented by both parties and analysed it in light of the relevant legal principles. The court found that the conduct did amount to bullying, as it was repeated, unreasonable, and created a risk to the health and safety of the employee. The employer's actions were deemed to have crossed the threshold for FWC intervention, as the conduct was not only unreasonable but also had a significant impact on the employee's mental health and wellbeing. Consequently, the FWC ordered the employer to take specific steps to address the bullying and ensure a safe working environment.

The FWC concluded that the employer's conduct was indeed bullying and ordered it to take immediate steps to address the issue. This included providing training to the employer and relevant employees about workplace bullying, developing a bullying prevention policy, and reviewing workplace practices to prevent future incidents. The employer was also required to provide the employee with access to a counsellor and to ensure that any changes to her work arrangements were made in consultation with her.

The FWC's final orders required the employer to take immediate and concrete steps to address the bullying, prevent future incidents, and provide support to the employee. This included providing training, developing a policy, reviewing workplace practices, and offering counselling services. The court's decision reinforced the importance of creating a safe and supportive work environment and the FWC's willingness to intervene in cases of workplace bullying.