Mrs Prabhjot Kaur - [2025] FWC 3052

[2025] FWC 3052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mrs Prabhjot Kaur

(AB2025/167)

COMMISSIONER CONNOLLY

MELBOURNE, 13 OCTOBER 2025

Application for order to stop bullying –whether action is bullying under the FW Act –whether reasonable management action carried out in a reasonable manner – whether individuals repeatedly behaved unreasonably so as to create a risk to health and safety – no conduct found to have amounted to bullying for the purposes of the FW Act – no risk to health and safety found – no basis to make an order – application dismissed.

Mrs Prabhjot Kaur (Applicant) has made an application to the Fair Work Commission (Commission) for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made seeking stop bullying orders that apply to Doutta Galla Aged Services Ltd (Respondent Employer or Doutta Gala) and its managers Biji Hinso and Manpreet Kaur.

Mrs Kaur identifies that in around August 2023 she raised concerns about the impact of reduced staffing levels on herself and co-workers, along with the level of care and support available to residents and made a health and safety complaint. The following day, she says she was placed on a performance improvement plan as an act of retaliation. She argues there was no basis for her being put on a plan to improve her performance, and that this was an unreasonable, baseless, retaliatory act meant to intimidate her. She identifies 12 further separate instances of alleged bullying conduct engaged in by the Respondent and its managers that occurred over an extended period from August 2023 into early 2025.

Mrs Kaur argues that the repeated, unreasonable and vexatious behaviour she has been subjected to amounts to bullying within the meaning of the Act. That this behaviour has negatively impacted her health and safety and that it continues to do so. She seeks a stop bullying order be made to ensure this behaviour ceases and that she can perform her duties in a safe and respectful work environment.

The Respondent does not accept that Mrs Kaur has been subjected to bullying. Further and in the alternative, they submit that the bullying she has alleged can be accurately described as reasonable management action, carried out in a reasonable manner. On this basis, they submit her application should be dismissed.

This decision considers Mrs Kaur’s application for a stop bullying order. Specifically, it considers whether any of the actions she has been subjected to can be objectively considered ‘bullying’ as defined in the FW Act.

Legislative Provisions and Commission Decisions

Section 789FF of the Act specifies when the Commission may make orders to stop bullying as follows:

789FF FWC may make orders to stop bullying

(1) If:

(a) a worker has made an application under section 789FC; and
(b) the FWC is satisfied that:
(i) the worker has been bullied at work…

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.

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Details

AGLC: Mrs Prabhjot Kaur [2025] FWC 3052
Case: [2025] FWC 3052
Decision Date: 13 OCTOBER 2025

CaseChat Overview and Summary

Mrs Prabhjot Kaur applied to the Fair Work Commission for an order to stop bullying in her workplace. The applicant alleged that she was subjected to unreasonable behaviour by other employees, which amounted to bullying under the Fair Work Act 2009. The matter was heard by the Commission sitting as the Fair Work Commission.

The legal issues before the Commission were whether the conduct of the other employees amounted to bullying under the Act, whether any reasonable management action was carried out in a reasonable manner, and whether the individuals repeatedly behaved unreasonably so as to create a risk to health and safety. The Commission found that the applicant had not established that the conduct of the other employees amounted to bullying for the purposes of the Act. The Commission also found that there was no risk to health and safety.

The Commission considered the evidence and found that the applicant had not established that the conduct of the other employees amounted to bullying. The Commission noted that the applicant had not provided any evidence of a pattern of behaviour, and that the incidents she described were isolated and did not amount to bullying. The Commission also found that the employer had taken reasonable steps to address the applicant's concerns and that there was no risk to health and safety. The application was dismissed.

The Commission dismissed the application and made no orders. The Commission noted that the applicant had not established the necessary elements to make out a claim for an order to stop bullying under the Fair Work Act. The Commission also noted that there was no evidence of a risk to health and safety.

Orders