Ms Rachael Roberts v View Launceston Pty Ltd as trustee for the View Launceston Unit Trust T/A View Launceston

In the Fair Work Commission, Rachael Roberts brought proceedings against View Launceston Pty Ltd, as trustee for the View Launceston Unit Trust, trading as View Launceston. The dispute centred on allegations of workplace bullying, with Roberts seeking an order from the Commission to halt the alleged bullying.

The central legal issues before the Commission were whether the conduct of the employer amounted to bullying within the meaning of the Fair Work Act, and if so, whether the Commission should make an order under section 349 of the Act to prevent the continuation of the bullying. The Commission had to determine whether the conduct was reasonable in the circumstances and assess the overall impact of the conduct on the employee.

The Commission found that the conduct of the employer did constitute bullying, as it was unreasonable and created a risk to health and safety. The Commission emphasised the severity and frequency of the conduct, which included persistent and aggressive behaviour that created a hostile work environment. Given the findings, the Commission exercised its discretion to make an order under section 349 of the Fair Work Act, directing the employer to take specific actions to prevent the continuation of the bullying.

The Commission's final orders included directives for the employer to review its policies and procedures regarding workplace bullying, provide training to employees and management, and implement measures to ensure compliance with the order. The employer was also required to report back to the Commission on the steps taken to address the bullying and the outcomes of those measures.