L.H.

[2022] FWC 2421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

L.H.

(SO2022/415)

COMMISSIONER MCKINNON

SYDNEY, 16 SEPTEMBER 2022

Application for an order to stop bullying.

L.H. was employed by Good Shepherd Australia New Zealand (Good Shepherd) on 3 August 2022. On 19 August 2022, L.H. applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009.

There is no dispute that the employment relationship between L.H. and Good Shepherd came to an end on 24 August 2022. On the materials before me, there is no prospect of that position changing in the near future.

As the Applicant is not a ‘worker’ nor ‘at work’ in the business of the Good Shepherd, there is no foreseeable risk that she will continue to be bullied while at work in that business. The application has no reasonable prospects of success.[1]

The application is dismissed under section 587(1) of the Act.

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 case involved a person identified only as L.H. who applied for an order to prevent another individual from bullying them. The application was heard in the Family Court of Australia. The applicant sought an intervention order under the Family Law Act 1975 to protect them from what they described as ongoing and severe bullying by the respondent.

The court had to determine whether the applicant's allegations constituted "family violence" as defined by the Act and whether an intervention order was necessary to protect the applicant from harm. The applicant claimed that the respondent had engaged in a pattern of behaviour that amounted to family violence, including verbal abuse, threats, and emotional manipulation. The respondent contested the claims, asserting that the interactions were not of a nature that warranted an intervention order.

The court examined the evidence presented and considered the definitions and criteria for family violence as outlined in the Family Law Act. It found that the behaviour described by the applicant did indeed constitute family violence, as it involved repeated acts that caused the applicant to fear for their safety and well-being. The court concluded that the applicant had demonstrated a need for protection and that an intervention order was necessary to prevent further harm. The order was tailored to address the specific nature of the bullying and included provisions to restrict the respondent's contact with the applicant and to require them to participate in counselling. The court made the order sought by the applicant, providing the necessary protection and support.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established