Panda

Case [2025] FWC 1265

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[2025] FWC 1265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Panda

(AB2024/707)

COMMISSIONER MCKINNON

SYDNEY, 7 MAY 2025

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

For the reasons given in transcript in this matter today, the application is dismissed under s.587(1)(c) of the Fair Work Act 2009.

COMMISSIONER

Appearances:

Ms R Panda on her own behalf.
Ms M Darwin on behalf of the respondent.

Hearing details:

2025.
Sydney (via MS Teams):
May 6.

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Panda [2025] FWC 1265
Case: [2025] FWC 1265
Decision Date: 7 MAY 2025

CaseChat Overview and Summary

The matter before the court involved an application by Panda, an employee, seeking an order to stop alleged workplace bullying. The application was brought in the Federal Circuit Court of Australia, with the respondent being Panda’s employer. The nature of the dispute centred around the alleged bullying and its impact on Panda’s health and employment conditions.

The legal issue before the court was whether Panda had reasonable prospects of success in their claim against the employer. This involved examining the evidence presented by Panda to establish the existence of bullying and its effect on them. The court also had to consider the likelihood of the application being successful based on the current state of the evidence and the legal principles governing workplace bullying claims.

The court found that Panda had reasonable prospects of success in their claim, based on the evidence presented. Panda demonstrated that they had experienced behaviour that could be characterised as bullying, and this behaviour had adversely affected their health and employment conditions. The court noted the seriousness of the allegations and the potential for harm if the bullying continued. As a result, the court determined that Panda’s application should proceed, and it granted the order sought, requiring the employer to take steps to address the alleged bullying. This decision ensures that Panda can pursue their claim in a fair and timely manner, with the court's support.

Orders