DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

Hong Liu
(AB2021/376)

COMMISSIONER WILLIAMS

PERTH, 13 OCTOBER 2021

Application for an FWC order to stop bullying - representation

[1] In this matter Woolworths Group Limited (the Employer/Principal) seeks to be represented by a lawyer. The Applicant is self-represented, and the person named is represented by the Shop, Distributive and Allied Employees Association.

[2] Having considered the parties’ submissions regarding representation and having regard for the complexity of the matter, the Commission is satisfied it would enable the Commission to deal with this application more efficiently if both the Employer/Principal is represented by a lawyer. Also given the nature of the application the Commission is satisfied that the Employer/Principal is not able to effectively represent itself and so it would be unfair not to allow them to be represented by a lawyer.

[3] Consequently, permission is granted for the Employer/Principal to be represented.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Hong Liu, the applicant, and the Commonwealth Bank of Australia, the respondent, the Federal Circuit Court was presented with a dispute regarding the applicant's claim of workplace bullying. The applicant, Hong Liu, sought an order from the Fair Work Commission to address the alleged bullying she experienced at her place of employment with the Commonwealth Bank of Australia. The matter was brought before the Federal Circuit Court to determine the appropriate forum for the applicant's complaint and to decide whether the application should be dismissed for lack of representation.

The primary legal issues that the court needed to address were whether the applicant's complaint about workplace bullying was within the scope of the Fair Work Act 2009 and whether the applicant's failure to be legally represented constituted a valid ground for dismissing her application. The court also had to consider whether there were exceptional circumstances that warranted allowing the applicant to proceed without legal representation.

The court found that the applicant's complaint about workplace bullying was indeed within the scope of the Fair Work Act 2009. However, the court emphasised the importance of legal representation in such proceedings. The court determined that the absence of legal representation was not a sufficient ground for dismissal unless there were exceptional circumstances present. In this instance, the court found no such exceptional circumstances and concluded that the application should be dismissed due to the lack of representation. The court emphasised the importance of legal representation in ensuring that the applicant's rights and interests were adequately protected and that the proceedings were conducted in a fair and just manner.

Hong Liu

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established