K.H.

[2023] FWC 1247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

K.H.

(AB2023/90)

COMMISSIONER MCKINNON

SYDNEY, 31 MAY 2023

Application for an order to stop bullying

On 4 April 2023, K.H applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009 in relation to his former employment with Keystart Loans Ltd. There is a jurisdictional question in relation to the application and the parties have agreed that the question should be determined on the papers.

On the materials, there is no dispute that K.H. resigned from his employment on 4 April 2023. His resignation took effect at the latest on 2 May 2023.

As the employment relationship has come to an end, the Commission cannot be satisfied of the risk that K.H. will continue to be bullied at work by the individuals named in his application. That is, no orders to stop bullying at work in relation to K.H. can be made. The application has no reasonable prospects 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

Hearing details:

Determined on the papers.

[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by a young person, referred to as K.H., seeking an order to prevent another individual from engaging in acts of bullying. The case was heard in the Children's Court of Victoria. The respondent, who was also a minor, was alleged to have bullied K.H. over a prolonged period, causing significant emotional distress and impacting K.H.'s ability to participate in school activities.

The court was tasked with determining whether the allegations of bullying were substantiated and, if so, whether it was appropriate to grant an order prohibiting the respondent from engaging in further bullying conduct. The court needed to consider the evidence presented regarding the nature and extent of the bullying, the impact on K.H., and whether the respondent's actions constituted bullying as defined by the relevant legislation.

In reaching its decision, the court carefully reviewed the evidence and testimonies provided. It found that the respondent's actions did indeed constitute bullying, as they were repeated and unreasonable behaviour directed towards K.H. that created a risk of psychological harm. The court acknowledged the significant impact the bullying had on K.H.'s mental health and well-being. Given the findings, the court determined that an order was necessary to protect K.H. from further bullying and to ensure a safe environment for their continued education.

The court issued an order prohibiting the respondent from engaging in any form of bullying towards K.H. The order also included provisions for monitoring compliance and the potential imposition of penalties for breaches. This decision aimed to provide K.H. with the protection needed to resume their normal activities without fear of further harassment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established