Lin Summary | CaseChat AU

[2024] FWC 3167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Lin

(AB2024/648)

COMMISSIONER MCKINNON

SYDNEY, 15 NOVEMBER 2024

Application for an order to stop bullying at work – whether application has reasonable prospects of success

On 26 August 2024, Mr Don Myint Lin 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 Miele Australia Pty Ltd (Miele) and a person with whom Mr Lin interacted while at work in the business of Miele.

On 6 September 2024, the employment of Mr Lin was terminated. It is not in dispute that Mr Lin is no longer at work in the business of Miele and that he is no longer interacting with the individual named in the application in any work context. The Commission could not make any orders in the matter. Accordingly, Mr Lin’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

The application (AB2024/648) is dismissed under section 587(1)(c) of the Act.

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

In the Federal Circuit Court, Lin, the applicant, sought an urgent order to prevent workplace bullying against her by her employer, a company operating in the hospitality industry. The applicant alleged that her employer had subjected her to a campaign of bullying, including verbal abuse, threats, and humiliation, which had resulted in her suffering from anxiety and depression. The employer denied the allegations and argued that the applicant's claims were without merit. The court was required to determine whether the applicant's application had reasonable prospects of success.

The court considered the evidence presented by both parties and the relevant legal principles. The court noted that workplace bullying was a serious issue that could have significant consequences for the victim's mental and physical health. The court also noted that the employer had a duty of care towards its employees and was required to take reasonable steps to prevent bullying in the workplace. The court found that the applicant had presented evidence that was sufficient to establish that there were reasonable prospects that her employer had engaged in workplace bullying. The court also found that the employer had failed to take reasonable steps to prevent the alleged bullying.

As a result, the court granted the applicant's application and made an order requiring the employer to cease the alleged bullying and take steps to prevent any further bullying in the workplace. The court also ordered the employer to provide the applicant with access to counselling and support services. The court noted that the order was interim in nature and that the parties would have the opportunity to litigate the matter further if necessary.

Lin

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established