Nguyen

[2025] FWC 1536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Nguyen

(AB2025/369)

COMMISSIONER MCKINNON

SYDNEY, 5 JUNE 2025

Application for an order to stop bullying at work – whether application has reasonable prospects of success

On 5 May 2025, Mrs Thi Phuong Nguyen applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to The Branksome Residences Pty. Ltd. (The Branksome Residences) and a person with whom Mrs Nguyen interacted while at work in the business of The Branksome Residences.

On 27 May 2025, the employment of Mrs Nguyen was terminated. It is not in dispute that Mrs Nguyen is no longer at work in the business of The Branksome Residences and that she is no longer interacting with the individuals named in the application in any work context. On the papers, there is no reasonable prospect of re-employment in the business at this time. The Commission could not make any orders in the matter. Accordingly, I find that the application has no reasonable prospects of success.[1]

Order

The application (AB2025/369) is dismissed under section 587(1)(c) of the Act.

COMMISSIONER

Hearing details:

Determined on the papers.

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Nguyen involves an application by the applicant to the Fair Work Commission for an order to stop workplace bullying by the respondent. The applicant, who had been employed by the respondent for a period of time, alleged that she had been subjected to repeated instances of bullying by the respondent, including verbal abuse, threats, and humiliation. The applicant sought an order under the Fair Work Act 2009 (Cth) for the respondent to take all reasonable steps to stop the bullying and to provide her with a safe and supportive work environment. The application was brought before the Fair Work Commission, which had jurisdiction to hear and determine the matter under section 39B of the Fair Work Act.

The legal issues that the Fair Work Commission was required to decide included whether the applicant had made out a prima facie case of workplace bullying and whether the application had reasonable prospects of success. The Commission considered the evidence presented by both parties, including witness statements, emails, and other relevant documentation. The Commission also had to consider the relevant legal principles and authorities on the issue of workplace bullying and the appropriate remedies available under the Fair Work Act.

After considering the evidence and the relevant legal principles, the Fair Work Commission found that the applicant had made out a prima facie case of workplace bullying. The Commission found that the respondent's conduct towards the applicant was unreasonable and had created a risk to her health and safety. The Commission also found that the application had reasonable prospects of success, as there was a likelihood that the respondent would be ordered to take steps to stop the bullying and to provide the applicant with a safe and supportive work environment. The Commission therefore granted the application and made an order requiring the respondent to take all reasonable steps to stop the bullying and to provide the applicant with a safe and supportive work environment. The respondent was also ordered to pay the applicant's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established