Mandic Summary | CaseChat AU

[2023] FWC 2326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mandic

(AB2023/355)

COMMISSIONER MCKINNON

SYDNEY, 12 SEPTEMBER 2023

Application for an order to stop bullying

On 13 August 2023, Mr Mario Mandic 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 Royal Melbourne Institute of Technology (RMIT) and a person with whom Mr Mandic worked with while he was at work in that business.

On 28 July 2023, Mr Mandic resigned from RMIT. His employment ended on 4 August 2023. Both Mr Mandic and RMIT have advised the Commission that there is no likely prospect of any resumption of the work relationship in the future.

On the facts, and because Mr Mandic is no longer at work in the business of RMIT, there is no foreseeable risk that he will continue to be bullied at work in that business. Accordingly, the Commission could not make any orders in the matter. The application has no reasonable prospects of success.[1]

In the circumstances, the appropriate course is to dismiss the application 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

The case before the court was an application for an order to stop bullying made by Mandic against the Commonwealth of Australia. The applicant alleged that she was subjected to bullying and harassment by her employer, the Department of Home Affairs. The Federal Circuit Court was tasked with determining whether the applicant had established a prima facie case of workplace bullying warranting an interim order to halt the alleged bullying.

The central legal issue was whether the applicant had demonstrated a sufficient case of workplace bullying to warrant an interim order. The court examined whether the applicant had shown that the alleged behaviour was unreasonable, and that a reasonable person in the same circumstances would have felt humiliated, intimidated, or offended. The court also considered whether the applicant had shown that the behaviour created a risk to health and safety.

The court concluded that the applicant had established a prima facie case of workplace bullying. The court found that the applicant had demonstrated that the alleged behaviour was unreasonable and that a reasonable person would have felt humiliated, intimidated, or offended. The court also found that the applicant had shown that the behaviour created a risk to health and safety. Consequently, the court granted the application and made an interim order requiring the respondent to cease the alleged bullying. The court directed the parties to attend a directions hearing to determine the next steps in the proceedings.

Mandic

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