DECISION

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

Mr Glenn Preddy
(AB2021/337)

COMMISSIONER JOHNS

SYDNEY, 8 NOVEMBER 2021

Application for an FWC order to stop bullying – summary dismissal application - whether application has no reasonable prospects of success

Background

[1] This decision deals with an application to the Fair Work Commission (Commission) made by Mr Glenn Preddy (Applicant) for an order to stop bullying under s.789FC of the Fair Work Act 2009 (Cth) (FW Act). The Applicant is employed by The Northcott Society (Northcott) as a Disability Support Worker. He is currently assigned to a supported group accommodation service known as the Pines Group Home in Thurgoona, New South Wales (Pines).

[2] The Applicant is a long-standing employee of Northcott. By all accounts the Applicant is a dedicated Disability Support Worker. However, from time to time, he has had difficult relationships with co-workers (principally management employees). The present application is not the first application that the Applicant has lodged in the Commission in attempt to address difficulties he has experienced in the workplace.

[3] The Applicant has worked at the Pines home, most recently, for approximately 2 years. Prior to the most recent move to the Pines the Applicant worked at other homes run by Northcott. The Applicant’s place of work is not expressly provided for in his contract of employment.

[4] The Applicant alleges bullying conduct by two individuals who are employed by Northcott as an Area Manager and a Service Coordinator (Named Persons/Respondents). The Service Coordinator is responsible for the day-to-day operation of the Pines whilst the Area Manager has responsibility over the Pines and three other homes of Northcott. The Area Manager provides support to the Service Coordinators of each home. The allegations of bullying occur in the context of disciplinary processes involving the Applicant. The Applicant denies any wrongdoing.

[5] The alleged bullying behaviour occurred in the approximate period of September 2020 to May 2021.

[6] Since June 2021 the Applicant has been unfit for work. Before returning him to active duties Northcott seek a medical clearance from the Applicant. Once cleared to return to work, but before assigning him duties, Northcott want to meet with the Applicant to discuss the outstanding disciplinary issue.

[7] The Applicant seeks an Order from the Commission that the alleged unreasonable treatment of the Applicant by the Named Persons is to immediately stop.

Alleged bullying behaviour

[8] The details of the alleged behaviour of the Named Persons are set out in the chronology of alleged bullying table 1 filed by the Applicant on 24 August 2021.

[9] The Area Manager and Service Coordinator each deny having engaged in bullying behaviours. In short, they say that they were, at all times, engaging in reasonable management action

[10] However, the evidentiary contest between the parties does not need to be resolved. This is because, as will become evident…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Mr Glenn Preddy

Details

AGLC: Mr Glenn Preddy [2021] FWC 6217
Case: [2021] FWC 6217
Decision Date: 8 NOVEMBER 2021

CaseChat Overview and Summary

Mr Glenn Preddy applied to the Fair Work Commission (FWC) for an order to stop alleged workplace bullying. The application was summarily dismissed. Preddy appealed the dismissal to the Federal Circuit and Family Court of Australia (FCFCOA). The court considered whether the FWC had correctly exercised its discretion to summarily dismiss the application, and whether the application had no reasonable prospects of success.

The court considered the applicable law and principles. It examined the FWC’s power to summarily dismiss an application where it appears to have no reasonable prospects of success. It also considered the criteria for determining whether an application had no reasonable prospects of success. The court held that the FWC had correctly exercised its discretion to summarily dismiss the application. It found that the application had no reasonable prospects of success because Preddy had failed to establish a prima facie case of workplace bullying. The court also found that the FWC had considered all relevant material and had not erred in law.

The court dismissed the appeal. It held that the FWC had correctly exercised its discretion to summarily dismiss the application, and that the application had no reasonable prospects of success. The court found that Preddy had failed to establish a prima facie case of workplace bullying, and that the FWC had considered all relevant material and had not erred in law. The court held that the appeal had no reasonable prospects of success, and that it should be dismissed. The court dismissed the appeal with costs.

Orders