Ms Victoria Leeman

Ms Victoria Leeman, an employee of BlueScope Steel, applied for an interim order from the Fair Work Commission to prevent her dismissal before her application alleging unlawful conduct by her employer was heard. The Commission considered whether it was appropriate to make such an interim order. The case focused on the procedural framework and statutory context governing interim orders in employment disputes, specifically whether Leeman had established an arguable case and whether the balance of convenience favoured granting the order.

The court examined the statutory provisions under the Fair Work Act, including sections related to interim orders and the criteria for making such orders. It considered the threshold for establishing an arguable case, which required Leeman to demonstrate a sufficient likelihood of success on the merits of her bullying claim. The court also evaluated the balance of convenience, weighing the potential harm to Leeman if the interim order was not granted against any prejudice to BlueScope if the order was made.

In its reasoning, the court found that although Leeman had presented some evidence to support her bullying allegations, it was not sufficient to meet the threshold of an arguable case. The court determined that Leeman had not demonstrated a sufficiently strong likelihood of success on the merits. Additionally, the balance of convenience did not favour granting the interim order, as the potential harm to BlueScope if the order was made outweighed any harm to Leeman if the order was not granted. Consequently, the court declined to make the interim order sought by Leeman.

The court's decision was based on the statutory criteria and the evidence presented. It concluded that Leeman had not satisfied the necessary thresholds for an interim order and that the balance of convenience did not support making such an order. No interim order was made in favour of Leeman.