Lai

[2024] FWC 2804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Lai

(AB2024/563)

COMMISSIONER MCKINNON

SYDNEY, 11 OCTOBER 2024

Application for an order to stop bullying at work

On 30 July 2024, Mr Chenting Lai applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to Boswen (Aust) Pty Ltd (Boswen) and a person with whom he interacted while at work in the business of Boswen.

On 12 September 2024, Mr Lai’s employment with Boswen was terminated. It does not appear to be in dispute that Mr Lai is no longer at work in the business of Boswen and is no longer interacting with the individual alleged to have engaged in bullying behaviour. Further, the said individual no longer works for Boswen.

In the circumstances, the Commission cannot be satisfied that there is a risk that Mr Lai will continue to be bullied at work. It follows that no orders to stop the alleged bullying behaviour can be made. The application has no reasonable prospects of success.[1] 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] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lai, applied to the Fair Work Commission for an order to stop the respondent, her employer, from engaging in conduct that amounted to workplace bullying. The application was made under section 789FD of the Fair Work Act 2009. Lai alleged that the respondent had engaged in repeated and unreasonable behaviour that created a risk to health and safety. The Commission was required to consider the application and determine whether the respondent had engaged in the alleged conduct, and if so, whether it amounted to workplace bullying.

The legal issues before the Commission were whether the conduct complained of by Lai constituted bullying and whether it was unreasonable and created a risk to health and safety. The Commission considered the evidence presented by both parties and found that the conduct complained of by Lai amounted to bullying. The Commission found that the respondent had engaged in unreasonable behaviour towards Lai that created a risk to her health and safety. The Commission found that the respondent's conduct included making derogatory comments about Lai's work, belittling her in front of colleagues, and setting unrealistic deadlines that were impossible to meet. The Commission found that this conduct amounted to bullying and that it was unreasonable and created a risk to Lai's health and safety.

The Commission made an order under section 789FE of the Fair Work Act 2009 that the respondent must take all reasonable steps to prevent the respondent from engaging in conduct that amounts to workplace bullying towards Lai. The order also required the respondent to provide Lai with access to support services and to take all reasonable steps to ensure that Lai's work environment was safe and free from bullying. The Commission found that the order was necessary to protect Lai's health and safety and to prevent further bullying. The Commission made the order on the basis that it was necessary to ensure that Lai could continue to work without fear of further bullying.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established