Johnny Papasotiriou v Paul Whitman, Kelly Evers, David Butler, David Ensor, JB Hifi

[2024] FWC 3224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Johnny Papasotiriou
v

Paul Whitman, Kelly Evers, David Butler, David Ensor, JB Hifi

(AB2024/713)

COMMISSIONER MIRABELLA

MELBOURNE, 22 NOVEMBER 2024

Application for an FWC order to stop bullying

On 16 September 2024, Mr Papasotiriou applied for an order to stop bullying at work under s.789FC (the Application) of the Fair Work Act 2009 (the Act). The Application was made in relation to JB Hi-Fi Group Pty Ltd (JB Hi-Fi) and persons with whom Mr Papasotiriou worked with while he was at work in the business of JB Hi-Fi.

Mr Papasotiriou had been on long term sick leave since 22 April 2024. On 6 November 2024, Mr Papasotiriou’s employment with JB Hi-Fi was terminated.

The consequence of termination is that Mr Papasotiriou is no longer at work in the business of JB Hi-Fi. Accordingly, there is no present or reasonably foreseeable risk of him continuing to be bullied at work or in the business. The Commission could not make any orders in this matter and for that reason, Mr Papasotiriou’s Application has no reasonable prospect of success.[1]

In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act.

The application is dismissed.

COMMISSIONER

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor[2024] FWC 3408.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Johnny Papasotiriou, sought an order under section 789FC of the Fair Work Act 2009 for the Fair Work Commission to stop bullying at work against him. The respondents included his former colleagues, Paul Whitman, Kelly Evers, David Butler, and David Ensor, as well as JB Hi-Fi Group Pty Ltd, his former employer. Mr Papasotiriou had been on long-term sick leave and his employment was terminated on 6 November 2024. He contended that he had been subjected to bullying while he was employed by JB Hi-Fi. The Commission was required to determine whether there was a reasonable prospect that Mr Papasotiriou’s application had merit and whether it was appropriate to make an order under section 789FC of the Act.

The Commission considered whether there was a present or reasonably foreseeable risk of Mr Papasotiriou being bullied at work or in the business of JB Hi-Fi. It was established that Mr Papasotiriou was no longer at work in the business of JB Hi-Fi, and therefore, there was no present or reasonably foreseeable risk of him continuing to be bullied. The Commission concluded that there was no reasonable prospect that Mr Papasotiriou’s application had merit, and thus, it was not appropriate to make an order under section 789FC of the Act.

Accordingly, the Commission dismissed the application. The decision was based on the premise that since Mr Papasotiriou was no longer at work in the business of JB Hi-Fi, there was no ongoing risk of bullying that could be addressed by an order. The application was dismissed under section 587(1)(c) of the Act.

The Commission dismissed the application for an order to stop bullying.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established