Ms Misaki Yamai v Taveteana Pty Ltd t/a Sushi Train

[2018] FWC 1045

[2018] FWC 1045

FAIR WORK COMMISSION

STATEMENT

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

Ms Misaki Yamai
v
Taveteana Pty Ltd t/a Sushi Train; Mr Naoki Oshima
(AB2017/521)

DEPUTY PRESIDENT SAMS SYDNEY, 16 FEBRUARY 2018

Application for an FWC order to stop bullying – recommendations – agreed settlement.

[1] This matter concerns an anti-bullying application lodged, pursuant to s 789FC of the Fair Work Act 2009, by Ms Misaki Yamai (the ‘applicant’) on 22 September 2017. The matter was the subject of lengthy conferences before Commissioner Wilson last year, after which the Commissioner made a recommendation on 13 October 2017. The parties have been communicating and implementing aspects of the Commissioner’s recommendation in the meantime.

[2] After the matter was referred to me, I convened a conference today, 16 February 2018. Both parties were legally represented; Mr J Horie Solicitor for the applicant and Mr G Jolly Solicitor for the respondent, Taveteana Pty Ltd t/a Sushi Train and its managers.

[3] After further discussions, the parties have agreed to settle the matter on the following basis:

1. It is agreed that Items 2 to 6 of Commissioner Wilson’s recommendation of 13 October 2017 have, or will be implemented.

2. In respect to the applicant’s return to work, the respondent shall offer the applicant no less than 20 hours work per week, with at least one shift on the weekend.

3. During school holidays, and subject to any visa restrictions, the applicant may be offered further shifts in excess of 20 hours a week.

4. The applicant’s return to work will depend on when she has a medical clearance to do so.

[4] The Commission expects a Notice of Discontinuance will be filed by the applicant in due course in respect to AB2017/521.

[5] The parties are congratulated for resolving the matter and the Commission trusts that a restoration of the employment relationship will be of mutual benefit to all parties.

DEPUTY PRESIDENT

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