Re McInnes

In the matter of Re McInnes, the applicant sought an order from the Fair Work Commission to address alleged bullying in the workplace. The applicant, an employee, alleged that they had been subjected to bullying by their supervisor, which had resulted in significant psychological distress. The dispute was brought before the Fair Work Commission in Australia, where the applicant sought relief in the form of an order mandating the employer to cease the alleged bullying and to take steps to remedy the situation.

The primary legal issue before the Commission was whether the conduct of the supervisor amounted to workplace bullying, as defined under the Fair Work Act. The applicant needed to prove that the conduct was unreasonable, created a risk to health and safety, and that a reasonable person, having regard to all the circumstances, would also regard the conduct as bullying. The Commission also needed to consider whether the employer had failed in its duty of care to protect the applicant from workplace bullying.

In its decision, the Commission found that the conduct of the supervisor did indeed constitute workplace bullying. The evidence presented demonstrated that the supervisor's behaviour was unreasonable and created a risk to the applicant's health and safety. The Commission concluded that a reasonable person in the applicant's position would also consider the conduct to be bullying. Consequently, the Commission ordered the employer to take immediate steps to address the bullying, including providing support to the applicant and implementing measures to prevent any recurrence. The Commission also ordered the employer to pay compensation to the applicant for the harm suffered as a result of the bullying.