DECISION

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

Hongyan Ao
v
WSP Australia Pty Limited & Nicole Fragoso
(AB2020/1)

COMMISSIONER CAMBRIDGE

SYDNEY, 13 JANUARY 2021

Application for an FWC order to stop bullying.

[1] Despite attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR726141] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Hongyan Ao, the applicant, and WSP Australia Pty Limited along with Nicole Fragoso, the respondents. The dispute centred around an application for an order from the Fair Work Commission to address allegations of bullying in the workplace. The application was heard in the Australian Civil and Administrative Tribunal.

The central legal issue before the court was whether the applicant had established that she had been subjected to workplace bullying, as defined by the Fair Work Act 2009. The court had to examine the evidence presented and determine whether the applicant's claims met the statutory criteria for workplace bullying. This included assessing whether the conduct was unreasonable and had a reasonable basis to make the applicant feel humiliated or intimidated.

The court meticulously evaluated the evidence provided by both parties, including witness testimonies and documentary evidence. It found that the applicant had not met the burden of proof required to establish the allegations of bullying. The court determined that the conduct, while possibly unpleasant and inappropriate, did not reach the threshold of unreasonable behaviour as defined by the Fair Work Act. Consequently, the court dismissed the application, holding that the applicant had not demonstrated that the conduct amounted to workplace bullying. The tribunal confirmed that workplace disagreements and conflicts do not automatically constitute bullying and that the conduct must be unreasonable to meet the statutory definition.

Hongyan Ao v WSP Australia Pty Limited & Nicole Fragoso

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established