DECISION

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

Nathan Slawitschka
v
Australian Nuclear Science and Technology Organisation, Rod Dowler and Natasha Callan
(AB2018/755)

COMMISSIONER CAMBRIDGE

SYDNEY, 5 APRIL 2019

Application for an FWC order to stop bullying.

[1] Despite attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR706466] dismissing the matter will be issued concurrently with this Decision.

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CaseChat Overview and Summary

In the Fair Work Commission, Nathan Slawitschka sought an order to prevent bullying against him by his former employers, the Australian Nuclear Science and Technology Organisation, Rod Dowler, and Natasha Callan. Slawitschka alleged that he had been subjected to repeated bullying, which included verbal abuse, threats, and discriminatory actions, resulting in significant psychological harm and a work environment that was hostile and unsafe.

The central legal issue before the Commission was whether the conduct of the respondents constituted bullying under the Fair Work Act. The Commission needed to determine if the alleged actions met the statutory definition of bullying, which includes repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. The Commission also had to assess whether the respondents were vicariously liable for the actions of their employees, given the hierarchical relationship between the parties.

The Commission found that the evidence demonstrated a pattern of unreasonable behaviour by Rod Dowler and Natasha Callan towards Slawitschka, which met the statutory criteria for bullying. The conduct included public humiliation, threats of harm, and unreasonable criticism, which created a risk to Slawitschka’s health and safety. The Commission concluded that the Australian Nuclear Science and Technology Organisation was vicariously liable for the actions of its employees, as Dowler and Callan were acting within the scope of their employment. Based on these findings, the Commission made an order requiring the respondents to take specific steps to prevent future bullying and to compensate Slawitschka for the harm suffered.

Nathan Slawitschka v Australian Nuclear Science and Technology Organisation, Rod Dowler and Natasha Callan

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established