Kelly Walker

Kelly Walker brought an application in the Federal Circuit Court to seek an order to stop workplace bullying. The application was heard by Justice Mortimer, who was required to consider the extent to which the respondent was required to provide certain documents. The applicant was seeking an order that would prevent the respondent from continuing to engage in conduct that constituted workplace bullying. The applicant was also seeking a number of orders to compel the production of certain documents and notes.

The court considered the principles to be applied in such proceedings and noted that the documents that the applicant sought to obtain had been either produced already or did not exist. The court was satisfied that the applicant could inspect the file held by the Commission and that the application for an order to stop the workplace bullying could be heard on the basis of the materials before the court. The court considered that the applicant should be permitted to inspect the notes of the Commission’s investigators and that the applicant could inspect the file of the Commission. The court also considered that the applicant could inspect any documents held by the Fair Work Ombudsman that related to the application. The court refused the application for an order to compel the production of computer analysis reports that were unrelated to the application to stop the workplace bullying. The court considered that the applicant should be permitted to serve notices to produce upon the third parties that held documents relevant to the application.

The court made orders to the effect that the applicant could inspect the file of the Fair Work Commission, could inspect the file of the Fair Work Ombudsman, and could serve notices to produce on third parties. The court set aside the notices to produce that were not relevant to the application to stop workplace bullying.