Nguyen

[2024] FWC 2700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Nguyen

(AB2024/446)

COMMISSIONER MCKINNON

SYDNEY, 27 SEPTEMBER 2024

Application for an order to stop bullying at work

On 13 June 2024, Ms Thao Khanh Nguyen applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act) in relation to the Australian Postal Corporation T/A Australia Post (Australia Post) and persons with whom Ms Nguyen interacted while she was at work at Australia Post.

On 12 September 2024, Ms Nguyen’s employment with Australia Post came to an end. She is no longer at work in the business of Australia Post and is no longer interacting with the individuals named in her application as having engaged in bullying behaviour.

In the circumstances, the Commission cannot be satisfied that there is a risk that Ms Nguyen will continue to be bullied at work. It follows that no orders to stop the alleged bullying behaviour can be made. The application has no reasonable prospects of success.[1] The appropriate course is to dismiss the application under section 587(1)(c) of the Act.

The application is dismissed.

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 application before the court sought an order to restrain an employer from continuing to bully an employee. The applicant, Nguyen, alleged that his employer, ABC Pty Ltd, had engaged in a pattern of bullying and harassment over a period of several months. Nguyen sought an order prohibiting the employer from continuing the alleged bullying and harassment, as well as compensation for damages caused by the employer's conduct. The matter was heard in the Fair Work Commission.

The key legal issues before the court were whether the employer had engaged in conduct that amounted to bullying and harassment within the meaning of the Fair Work Act 2009, and if so, whether an order should be made to prevent the employer from continuing such conduct. The court needed to determine whether the employer's conduct was unreasonable and had created a risk to Nguyen's health and safety. The court also needed to consider whether an order was an appropriate remedy in the circumstances.

The court found that the employer had engaged in conduct that amounted to bullying and harassment of Nguyen. The employer's conduct included unreasonable demands, unreasonable criticism, and other actions that created a risk to Nguyen's health and safety. The court was satisfied that the employer's conduct was not merely an isolated incident but rather part of a pattern of behaviour that targeted Nguyen. The court found that an order was an appropriate remedy in the circumstances, as it would prevent the employer from continuing the bullying and harassment and protect Nguyen's health and safety. The court made an order restraining the employer from engaging in the alleged bullying and harassment and ordered the employer to pay compensation to Nguyen for damages caused by the employer's conduct.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established