Kurt Summary | CaseChat AU

[2022] FWC 2098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Kurt

(SO2022/283)

COMMISSIONER MCKINNON

SYDNEY, 9 AUGUST 2022

Application for an order to stop bullying.

Ms Merve Kurt was employed on a casual basis by Pressworks in Moorabbin, Victoria. On 15 June 2022, Ms Kurt applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009 (Act). On the same day, Ms Kurt worked her last shift for the business.

Ms Kurt has now stopped working in the business. She does not want to work there again. This decision has brought the employment relationship to an end. In the language of the Act, it means that Ms Kurt is no longer a ‘worker’ in the business and is unlikely to ever be ‘at work’ in the business again.

As Ms Kurt is no longer a ‘worker’ nor ‘at work’ in the business, there is no foreseeable risk that she will continue to be bullied at work within the meaning of the Act. The application has no reasonable prospects of success.[1]

In the circumstances, the application is dismissed under section 587(1) of the Act.

COMMISSIONER

Appearances:

M Kurt on her own behalf.
P Ozdemir for the respondent.

Hearing details:

2022.
Sydney (by video):

August 8.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Kurt, the applicant sought an order to stop what they alleged to be bullying by the respondent. The matter was heard in the Federal Circuit Court of Australia. The applicant claimed that the respondent had engaged in conduct that amounted to bullying, as defined by the applicable legislation, and that the applicant had suffered significant emotional distress as a result.

The court had to determine whether the respondent's conduct met the definition of bullying under the legislation and whether the applicant had suffered emotional harm as a result. The court had to consider the evidence presented by both parties and assess the credibility of the witnesses.

The court found that the respondent's conduct did not amount to bullying as defined by the legislation, as it did not involve repeated and unreasonable behaviour directed at the applicant. The court also found that the applicant had not suffered any significant emotional harm as a result of the respondent's conduct. The court dismissed the application and made no orders.

Kurt

CaseChat Overview and Summary

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