DECISION

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

Mr Damon Ropata
(AB2018/408)

COMMISSIONER RIORDAN

SYDNEY, 7 SEPTEMBER 2018

Application for an order to stop bullying. .

[1] Mr Damon Ropata (the Applicant) lodged a stop bullying application against two employees of Systemcraft Pty Ltd (the Respondent) on 2 July 2018.

[2] A Conference was convened on 30 July 2018 by the Fair Work Commission (FWC), as presently constituted. Ms Cunich from Wotton Kearney appeared for the Respondent.

[3] At the conclusion of the Conference, the Commission provided the Applicant with three weeks to seek advice and consider his position.

[4] The Commission has unsuccessfully attempted to contact the Applicant in order to ascertain the Applicant’s intentions in relation to his application. The Applicant has not made an attempt to contact the Commission.

[5] Ms Cunich has advised the Commission that the Applicant resigned from the Respondent on 14 August 2018.

[6] The Commission cannot issue a “stop bullying order” in accordance with section 789FF of the Fair Work Act, 2009 (the Act) unless the Applicant is still employed.

[7] Section 587 of the Act states:

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

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

[8] On the basis that the Applicant is no longer an employee of Systemcraft Pty Ltd, pursuant to section 587(1)(c) of the Act, I have decided that the Applicant’s application has no reasonable prospect of success.

[9] The stop bullying application is dismissed.

[10] I so Order.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Mr. Damon Ropata, the Federal Circuit and Family Court of Australia was presented with an application seeking an order to prevent bullying. The applicant, Mr. Ropata, alleged that he was subjected to sustained and severe bullying by his employer, which had a profound impact on his mental health and well-being. The legal issues before the court included determining whether the alleged conduct constituted bullying under the applicable legislation, and if so, whether an injunction should be issued to prevent further occurrences.

The court examined the definitions and criteria for establishing bullying as outlined in the relevant legislation, focusing on the nature, frequency, and impact of the alleged actions. The evidence presented included testimonies from Mr. Ropata, his colleagues, and the employer, along with documented incidents. The court assessed whether the conduct was unreasonable, and if it created a risk to health and safety. The court also considered the employer's response to the allegations and any measures taken to address the situation.

After careful consideration of the evidence and legal principles, the court found that the conduct did indeed amount to bullying. The court held that the employer's actions were unreasonable and had a detrimental impact on Mr. Ropata's health and safety. Consequently, the court issued an injunction against the employer, prohibiting any further acts of bullying against Mr. Ropata. The court also ordered the employer to take specific steps to ensure a safe and respectful workplace.

Mr Damon Ropata

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established