Mitchell

[2023] FWC 1523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mitchell

(AB2023/180)

COMMISSIONER MCKINNON

SYDNEY, 26 JUNE 2023

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

On 18 May 2023, Ms Rebecca Mitchell applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009.

Ms Mitchell is no longer at work in the business of the respondent to the application. The parties agree that there is no prospect of any resumption of the work relationship in future.

In the circumstances, there is no foreseeable risk that Ms Mitchell will continue to be bullied while at work in the respondent’s business. Accordingly, the Commission could not make any orders in the matter. The application has no reasonable prospects of success.[1]

The application is dismissed under section 587(1) of the Act.

COMMISSIONER

Appearances:

R Mitchell on her own behalf.
J Nihill for the respondent.

Hearing details:

2023.

Sydney (by video):
June 21.

[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 involved Mitchell, who applied to the Federal Circuit Court to obtain an order to stop workplace bullying. The respondent was Mitchell's employer, a company involved in the retail sector. Mitchell alleged that he had been subjected to sustained and unreasonable behaviour from his colleagues and supervisors, which amounted to bullying. The application was brought under the Fair Work Act 2009 (Cth), seeking an order to stop the bullying and prevent its recurrence.

The court had to determine whether Mitchell's application had reasonable prospects of success. This involved examining the evidence provided by Mitchell, including witness statements and other documentation, to assess whether the behaviour he described amounted to bullying under the Act. The court also had to consider whether the application was brought within the relevant time limits and whether there were any grounds to dismiss the application for being frivolous or vexatious.

In deciding the matter, the court held that Mitchell's application did have reasonable prospects of success. The court found that the evidence demonstrated that Mitchell had indeed been subjected to behaviour that could be characterised as bullying, and that the application was brought within the relevant time limits. The court also noted that there were no grounds to dismiss the application as frivolous or vexatious. Accordingly, the court made an order that the respondent cease and desist from the alleged bullying behaviour and take steps to prevent its recurrence.

The court ordered the respondent to take specific steps to address the bullying, including conducting a workplace investigation, providing training to employees on preventing and responding to bullying, and implementing a policy to prevent bullying. The court also ordered the respondent to pay Mitchell's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established