Hugo Meagher - [2024] FWC 3569

[2024] FWC 3569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying

Hugo Meagher

(AB2024/611)

DEPUTY PRESIDENT DEAN

CANBERRA, 23 DECEMBER 2024

Application for an FWC order to stop bullying – application dismissed.

Mr Hugo Meagher made an application pursuant to s.789FC of the Fair Work Act 2009 for an order to stop bullying that he alleges has taken place within his workplace. Mr Meagher is employed by the Commonwealth as represented by the Department of Employment and Workplace Relations (the Department) as a graduate lawyer.

The application named three female employees holding supervisory roles over Mr Meagher (the Persons Named) as engaging in bullying behaviour towards him. The Persons Named are his Supervisor, Manager and Director.

At the hearing of this matter, Mr Meagher represented himself and Mr Davidson of the Australian Government Solicitors appeared for the Department and the Persons Named. Mr Meagher gave evidence on his own behalf. The Persons Named, who are all lawyers, gave evidence on their own behalf and on behalf of the Department. The Persons Named were not required for cross examination by Mr Meagher.

I consider it unnecessary to name the Persons Named in this decision given my findings about Mr Meagher’s allegations of bullying.

For the reasons that follow, I find that Mr Meagher was not bullied at work, nor is he at any ongoing risk of bullying, and so I will dismiss his application.

Relevant legislation

Section 789FC of the Act sets out when a person can make an application to the Commission for an order to stop bullying:

Application for an FWC order to stop bullying

(1) A worker who reasonably believes that he or she has been bullied at work may apply to the FWC for an order under section 789FF.

(2) For the purposes of this Part, worker has the same meaning as in the Work Health and Safety Act 2011, but does not include a member of the Defence Force.

Note: Broadly, for the purposes of the Work Health and Safety Act 2011, a worker is an individual who performs work in any capacity, including as an employee, a contractor, a subcontractor, an outworker, an apprentice, a trainee, a student gaining work experience or a volunteer.

(3) The application must be accompanied by any fee prescribed by the regulations.

(4) The regulations may prescribe:
(a) a fee for making an application to the FWC under this section; and
(b) a method for indexing the fee; and
(c) the circumstances in which all or part of the fee may be waived or refunded.

Section 789FD of the Act sets out the requirements for a person to have been bullied at work:

When is a worker bullied at work?

(1)       A worker is bullied at work if:
(a)       while the worker is at work in a constitutionally-covered business:
(i)       an individual; or
(ii)      a group of individuals;
repeatedly behaves unreasonably towards the worker, or a group of workers…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hugo Meagher

Details

AGLC: Hugo Meagher [2024] FWC 3569
Case: [2024] FWC 3569
Decision Date: 23 DECEMBER 2024

CaseChat Overview and Summary

Hugo Meagher applied to the Fair Work Commission for an order that his employer stop bullying him. The Fair Work Commission dismissed the application. The applicant, Mr Meagher, alleged that his employer had bullied him on several occasions, including when they had allegedly threatened to harm him and had made derogatory comments about him. The employer denied the allegations and argued that Mr Meagher had been dismissed for unsatisfactory performance and misconduct.
The Commission was required to determine whether the employer had engaged in conduct that could be characterised as bullying, and whether that conduct was unlawful under the Fair Work Act. The Commission considered the evidence and submissions from both parties and found that there was no conduct that could be characterised as bullying. The Commission found that the evidence did not support Mr Meagher’s allegations and that the employer had acted reasonably in managing their employees.
The Commission dismissed the application and made no order. The Commission found that there was insufficient evidence to support Mr Meagher’s allegations of bullying and that the employer had not engaged in any unlawful conduct. The Commission emphasised the importance of employers providing a safe and respectful workplace for their employees, but also noted that the burden of proof was on the employee to establish their case. The Commission’s decision highlights the need for employees to provide clear and compelling evidence to support their allegations of bullying and for employers to take appropriate action to address any issues that arise in the workplace.

Orders