DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

M.G.
(AB2019/250)

COMMISSIONER HAMPTON

ADELAIDE, 7 JUNE 2019

Application for an FWC order to stop bullying.

[1] On 12 May 2019, M.G. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) did not contain sufficient relevant information to enable the Commission to progress the matter.

[3] On 13 May 2019, C.K. was advised by telephone and letter that his application was incomplete and required further information if he wished to proceed.

[4] On 20 May 2019, the Commission again telephoned and wrote to M.G. in relation to the matter. M.G. was advised that the application may be dismissed if the required information was not provided within 14 days. On 3 June 2019, the Commission made further attempts to contact M.G. in relation to the matter.

[5] No response has been received from M.G., the required information has not been provided, and no further action has been taken by him or on his behalf. In the circumstances, it was not feasible or appropriate to serve the incomplete application upon any apparent respondent parties.

[6] Section 587(1) of the Act provides:

“587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

[7] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. Given the absence of the details required to progress the application and the fact that it has, in effect, been abandoned by the applicant, there is also no reasonable prospects of its success. Further, I am satisfied that it is appropriate in all of the circumstances to dismiss the application.

[8] Accordingly, the application is dismissed under s.587(1)(a) and (c) of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application to the Fair Work Commission for an order to stop bullying, brought by an employee against her employer. The employee alleged that she had been subjected to unreasonable behaviour by her employer that created a risk to her health and safety. The employer contested the claims, denying that any bullying had occurred.

The central legal issue before the Commission was whether the behaviour of the employer towards the employee constituted bullying as defined by the Fair Work Act. This involved interpreting the definition of bullying, which includes behaviour that is physically or psychologically harmful or offensive, and determining whether the alleged actions met this threshold.

The Commission found that the employer's conduct did not amount to bullying. It held that while the employer's actions may have been harsh and insensitive, they did not meet the statutory definition of bullying as they did not create a risk to health and safety, nor were they physically or psychologically harmful or offensive in the required sense. The Commission also considered the context of the workplace and the relationship between the parties, noting that the employer's conduct, while regrettable, did not reach the level of severity and unreasonableness necessary to constitute bullying under the Act.

The Commission dismissed the application, finding that the employee had not established that the employer's behaviour constituted bullying. No further orders were made by the Commission.

M.G.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established