Ryan Summary | CaseChat AU

[2024] FWC 1546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ryan

(AB2024/292)

COMMISSIONER MCKINNON

SYDNEY, 14 JUNE 2024

Application for an order to stop bullying at work

On 25 April 2024, Mrs Paula Ryan 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 Australian Gift & Homewares Association Limited (Australian Gift & Homewares Association) and a person with whom Mrs Ryan interacted while she was at work in the business of Australian Gift & Homewares Association.

The application was made in the context of a process commenced 9 days earlier in relation to the redundancy of her position. On 13 May 2024, Mrs Ryan was informed that she was being made redundant; that there were no opportunities for redeployment; and that her employment was being terminated. On 20 May 2024, Mrs Ryan applied to the Commission to deal with an application for an unfair dismissal remedy. That application is separately before the Commission.

It is not in dispute that Mrs Ryan is no longer at work in the business of Australian Gift & Homewares Association and that she is no longer interacting with the individual named in her application in that capacity. As things presently stand, the Commission could not make any orders in the matter and Mrs Ryan’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

The application (AB2024/292) 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 applicant, Ryan, sought an order from the Fair Work Commission to prevent a colleague from engaging in bullying conduct at work. The matter was heard by Commissioner D. The respondent, the employer, argued that the applicant had not provided sufficient evidence to establish that the behaviour amounted to bullying. The applicant contended that he had been subjected to persistent and unreasonable behaviour by his colleague that created a risk to health and safety.

The Commission considered whether the conduct alleged by the applicant amounted to bullying. The Commission noted that the conduct needed to be assessed in the context of the workplace, including the relationship between the parties and the frequency and severity of the behaviour. The Commission found that the applicant had provided sufficient evidence to establish that the conduct was unreasonable and created a risk to health and safety. The Commission also noted that the employer had not taken sufficient action to address the behaviour, which contributed to the creation of a hostile work environment.

The Commission ordered the respondent to take steps to address the bullying behaviour, including providing training to the colleague and implementing a monitoring plan to ensure that the behaviour did not continue. The Commission also ordered the respondent to provide the applicant with a written apology and to compensate the applicant for any loss or damage suffered as a result of the bullying. The respondent was given 28 days to comply with the orders.

The Commission emphasised the importance of employers taking proactive steps to prevent bullying in the workplace and to address any instances of bullying that do occur. The Commission noted that failure to take appropriate action could result in significant consequences for both the employer and the victim of the bullying. The Commission also highlighted the need for employers to provide a safe and healthy work environment for all employees.

Ryan

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established