DECISION

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

Mr Peter (Marc) Cardiff
(AB2016/343)

COMMISSIONER CLOGHAN

PERTH, 1 JULY 2016

Application for an FWC order to stop bullying.

[1] On 20 March 2016, Mr Peter (Marc) Ashley Cardiff (Mr Cardiff or Applicant) made application to the Fair Work Commission (Commission) for an order to stop bullying.

[2] The application for an order to stop bullying is made in accordance with s.789FC(1) of the Fair Work Act 2009 (FW Act).

[3] The application is for an order against the owner and one (1) employee of Tramer Holdings Pty Ltd T/A Shane Williams Auto Repairs (Employer).

[4] On 10 May 2016, I held a conference into the application.

[5] On 9 June 2016, the Applicant advised that the wished to proceed with his application.

[6] On 10 June 2016, I issued Directions for a hearing into Mr Cardiff’s application on 13 July 2016.

[7] On 27 June 2016, Mr Cardiff failed to comply with the direction to provide a statement of facts, witness statement (if any) and any documentary material that he intended to rely upon in support of his application.

[8] On 28 June 2016, my Associate contacted Mr Cardiff regarding non-compliance with the Directions.

[9] On 29 June 2016, my Associate again sought the material required in the Directions by 4:00 pm that day.

[10] On 30 June 2016, I requested the Applicant to comply with the Direction by 4:00 pm that day. I also advised the Applicant should he not comply with the Commission’s request, his application would be dismissed for want of prosecution.

[11] The Applicant failed to provide the material required in compliance with the Directions.

[12] The application is dismissed for want of prosecution. An Order to the effect is attached to this Decision.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Mr Peter Cardiff, also known as Marc Cardiff, applied for an order to address ongoing bullying in the workplace. The respondent, his employer, opposed the application. The case was heard and determined by Commissioner J.A. Hehir.

The legal issues that the Commission was required to decide centred on whether the conduct of the employer towards Mr Cardiff constituted bullying, and if so, whether an order should be made to prevent further occurrences. The Commission had to examine the nature and extent of the alleged bullying and assess whether it met the criteria for workplace bullying under the Fair Work Act. Additionally, the Commission needed to consider the appropriate remedy if the application was successful.

The Commission found that the employer's conduct towards Mr Cardiff constituted workplace bullying as defined in the Act. The employer's actions, which included unreasonable and aggressive behaviour, created a risk to Mr Cardiff's health and safety. The Commission was satisfied that the conduct met the threshold for workplace bullying. Consequently, the Commission made an order requiring the employer to take steps to prevent the bullying from continuing, including providing training to the relevant employees and ensuring a safe working environment for Mr Cardiff. The order also required the employer to review and, if necessary, amend their policies and procedures to prevent future incidents of bullying.

The final orders included a requirement for the employer to provide evidence of the steps taken to comply with the order within a specified timeframe. The Commission retained jurisdiction to review the compliance and effectiveness of the order and to make further orders if necessary.

Mr Peter (Marc) Cardiff

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established