Mayson v Mylan Health Pty Ltd

The applicant in this matter sought an interim anti-bullying order to prevent their dismissal from employment. The respondent, Mylan Health Pty Ltd, opposed the application. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The applicant alleged that the dismissal was a result of workplace bullying and harassment. The legal issues before the tribunal were whether the tribunal had the power to grant the interim order under section 789FF of the Fair Work Act 2009 and whether the 'serious question' standard was sufficient to meet the threshold requirement under section 589(2) of the Act.

The tribunal held that the power to grant the interim order was contingent on the tribunal being satisfied that there were reasonable grounds to believe that the applicant had been bullied at work. The tribunal further held that the 'serious question' standard was not equivalent to the satisfaction requirement under section 589(2). It was not a discrete source of power. The tribunal found that the applicant had not met the threshold requirement to grant the interim order and dismissed the application. The tribunal held that the applicant's allegations did not establish a serious question that the applicant had been bullied at work. The tribunal also held that the applicant's allegations were not sufficient to establish a serious question as to whether the dismissal was unfair.

The tribunal dismissed the application for an interim anti-bullying order. The tribunal found that the applicant had not met the threshold requirement to grant the interim order. The tribunal held that the applicant's allegations did not establish a serious question that the applicant had been bullied at work. The tribunal also held that the applicant's allegations were not sufficient to establish a serious question as to whether the dismissal was unfair. The tribunal found that the application did not meet the requirements of section 789FF of the Act.