Johansen Summary | CaseChat AU

[2024] FWC 2803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Johansen

(AB2024/481)

COMMISSIONER MCKINNON

SYDNEY, 10 OCTOBER 2024

Application for an order to stop bullying at work

On 24 June 2024, Ms Kathrine Selmer Johansen applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application is made in relation to Autism Tasmania Incorporated (Autism Tasmania) and persons with whom Ms Johansen interacted while she was at work in the business of Autism Tasmania.

On 26 June 2024, Ms Johansen resigned from her role with Autism Tasmania before it went into voluntary administration. The entity is now in liquidation. It is not in dispute that Ms Johansen is no longer a worker in the business of Autism Tasmania or interacting with the individuals named in her application as having engaged in bullying behaviour in any work context.

In the circumstances, the Commission cannot be satisfied that there is a risk that Ms Johansen will continue to be bullied at work. It follows that no orders to stop the alleged bullying behaviour can be made. The application has no reasonable prospects of success.[1] The appropriate course is to dismiss the application under section 587(1)(c) of the Act.

The application is dismissed.

COMMISSIONER

Hearing details:

Determined on the papers.

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Johansen, the applicant sought an order to prevent bullying from her colleague at work. The case was heard in the Fair Work Commission. The applicant alleged that her colleague had been engaging in behaviour that amounted to bullying, including verbal abuse and threats, and that the respondent had failed to take appropriate action to address the issue. The legal issues before the Commission were whether the applicant's allegations amounted to bullying under the Fair Work Act and whether the respondent had taken reasonable steps to address the issue. The Commission found that the applicant's allegations did indeed amount to bullying and that the respondent had not taken reasonable steps to address the issue. The Commission emphasised the importance of employers taking proactive steps to prevent bullying in the workplace and to address it when it does occur. The Commission made an order requiring the respondent to take steps to address the bullying, including providing training to relevant employees and implementing a bullying prevention policy. The Commission also ordered the respondent to pay the applicant's costs.

Johansen

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established