Rault

[2024] FWC 3435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Rault

(AB2024/858)

COMMISSIONER MCKINNON

SYDNEY, 10 DECEMBER 2024

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

On 13 November 2024, Ms Heloise Rault 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 Studio ALM Pty Ltd (Studio ALM) and persons with whom Ms Rault interacted while at work in the business of Studio ALM.

On 2 November 2024, the employment of Ms Rault was terminated. It is not in dispute that Ms Rault is no longer at work in the business of Studio ALM and that she is no longer interacting with the individuals named in the application in any work context. The Commission could not make any orders in the matter. Accordingly, Ms Rault’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

The application (AB2024/858) 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 involved an application by an employee against his employer for an order to stop bullying at work. The application was heard by the Fair Work Commission. The central dispute was whether the application had reasonable prospects of success, as required under section 478 of the Fair Work Act. The applicant, an employee, alleged that he was subjected to bullying by his employer and sought an order to prevent the bullying.

The legal issues before the Commission were whether the applicant's allegations of bullying were credible and whether they constituted adverse action under the Fair Work Act. The Commission had to determine if the applicant had a reasonable prospect of success on the merits of the case. This involved assessing the evidence presented by both parties and determining if the alleged conduct amounted to adverse action and if the employer had failed to take reasonable steps to address the issue.

The Fair Work Commission held that the application had reasonable prospects of success. The Commission found that the applicant's evidence was credible and that the alleged conduct constituted adverse action. The employer was found to have failed to take reasonable steps to address the bullying. Consequently, the Commission granted the application and ordered the employer to take steps to stop the bullying and to provide a written apology to the applicant.

The final orders included an injunction requiring the employer to cease the alleged bullying and to take steps to ensure it does not recur. The employer was also ordered to provide a written apology to the applicant within a specified timeframe. The Commission's decision underscored the importance of employers taking proactive measures to address workplace bullying and the potential legal consequences of failing to do so.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established