Mr Campbell Michael Prosser

[2014] FWC 7030

[2014] FWC 7030

FAIR WORK COMMISSION

DECISION

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

Mr Campbell Michael Prosser
(AB2014/1293)

COMMISSIONER CLOGHAN PERTH, 10 OCTOBER 2014

Application for an FWC order to stop bullying.

[1] On 12 June 2014, Mr Campbell Prosser (Applicant or Mr Prosser) made application to the Fair Work Commission (Commission) for an order to stop bullying under s.789FC of the Fair Work Act 2009 (FW Act).

[2] The employer of the Applicant, and the alleged bully, is Chapman Road Enterprises Pty Ltd T/A Glenfield IGA (Employer).

[3] On 7 August 2014, I conducted a conference into the application.

[4] At the conference, the Applicant attended and was represented by Mr J Da Silva, Australian Meat Industry Employees Union.

[5] The alleged bully attended the conference with the owner of the IGA Glenfield store. The Employer was represented by Mr G Raptis, Workplace Relations lawyer, Master Grocers Australia.

[6] In the application, the Applicant states that:

• the alleged bullying commenced in May/June 2013;



• the last episode of alleged bullying occurred on 5 February 2014;



• he has not returned to work since 7 February 2014; and



• he had not lodged an application with WorkSafe, Department of Commence but intends to do so.

[7] The Employer states in its response to Mr Prosser’s application that the Applicant was subject to a performance appraisal meeting on 5 February 2014. The Applicant left work early on 7 February 2014 to attend an appointment and has not returned to the workplace since that time. The Employer asserts that the alleged bullying behaviour was reasonable management action carried out in a reasonable manner.

[8] In view of the lapse in time between the last occasion of alleged bullying on 5 February 2014, and the filing of the application on 12 June 2014, I asked the Applicant, t the conference, for the reason. The Applicant advised that he had been advised by the lawyer handling his workers’ compensation claim to make the “bullying” application while he was still an employee.

[9] I advised the parties that I would pend the application for two (2) months and then dismiss the application if there was no request for a hearing.

[10] I have not received a request from the Applicant to set the matter down for a hearing.

[11] For the above reasons, pursuant to paragraph 587(3)(a) of the FW Act, the application is dismissed for want of prosecution. An order to this effect is issued jointly with this Decision.

COMMISSIONER

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