KM

The matter involved an application for an order to stop workplace bullying, heard in the Fair Work Commission. The applicant, who had elected to treat their employer’s conduct as a dismissal in 2012, sought relief under the Fair Work Act. The employer contested the application on the basis that the applicant was no longer employed and, therefore, there was no workplace relationship for the Commission to regulate.

The central legal issue was whether the Commission had jurisdiction to hear the application. This hinged on whether there was a future risk of workplace bullying and whether the applicant remained employed by the respondent. The court needed to determine if the applicant could return to the workplace as an employee and if there were reasonable prospects of success for the application. Additionally, the court had to consider whether the election made by the applicant to treat the employer’s conduct as a dismissal was correct and if the conduct of the parties post-election was consistent with an ongoing employment relationship.

The Commission found that the applicant was no longer employed by the respondent employer, and their conduct did not reflect an ongoing employment relationship. The return to work arrangements were linked to the applicant’s ongoing employment, but the Commission was satisfied that the applicant was no longer employed. Consequently, there was no reasonable prospect that the applicant would return to the workplace as a worker. The Commission concluded that there were no reasonable prospects that the orders sought could be made. The court exercised its discretion to dismiss the application and noted that any outstanding matters could be taken up in other forums.

The Fair Work Commission dismissed the application for an order to stop workplace bullying. The Commission found no reasonable prospects that the applicant would return to the workplace as a worker, and thus no jurisdiction existed to make the sought orders. The court determined that the outstanding matters could be addressed in other appropriate forums.