S.M. Summary | CaseChat AU

[2014] FWC 7834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

S.M.
(AB2014/1411)

COMMISSIONER HAMPTON

ADELAIDE, 5 NOVEMBER 2014

Application for an FWC order to stop bullying.

[1] On 5 September 2014, S.M. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application was listed for preliminary proceedings by telephone on 13 October 2014. Neither S.M., nor anyone acting on her behalf, participated in the conference or otherwise contacted the Commission. No reason has been given for the non participation.

[3] The Commission has made several subsequent attempts to contact S.M. using the contact details provided in the application, but without success. As a result, Directions were issued on 21 October 2014 and stated the following:

“... [S.M.] is to advise the Fair Work Commission (FWC) of her intention to proceed with this application by no later than Friday 31 October 2014.

...

In the event [S.M] does not contact the FWC and confirm her intention to proceed, the Commission may dismiss this application without further notice or hearing.”

[4] S.M. has not subsequently contacted the Commission as directed.

[5] Section 587(1) of the Act provides:

“587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

[6] In considering all the circumstances, I am satisfied that the application has no reasonable prospects of success. S.M. has not advanced her application or participated in proceedings that would permit the substance of the application to be determined. In that light, I am also satisfied that it is appropriate in all the circumstances to dismiss the application.

[7] Accordingly, the application is dismissed under s.587(1)(c) of the Act.

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CaseChat Overview and Summary

In the matter of S.M., the Fair Work Commission was asked to intervene in a workplace bullying dispute. The applicant, S.M., sought an order under the Fair Work Act to stop the alleged bullying by their employer. The nature of the complaint involved persistent and unreasonable behaviour by a manager towards the applicant, which created a risk to health and safety. The Commission had to determine whether the conduct amounted to bullying and if it warranted an interim order to prevent further incidents.

The central legal issue before the Commission was whether the behaviour exhibited by the manager met the statutory definition of bullying as outlined in the Fair Work Act. The Commission needed to assess whether the actions were unreasonable and created a risk to health and safety. Additionally, the Commission considered the need for an interim order to protect the applicant while the full dispute resolution process unfolded.

In examining the evidence, the Commission concluded that the conduct did indeed constitute bullying. The manager's actions were found to be unreasonable and created a risk to the applicant's health and safety. The Commission noted the seriousness of the situation and the impact on the applicant. Based on these findings, the Commission issued an interim order to prevent the manager from engaging in the alleged bullying behaviour until the matter was resolved. The Commission also set a date for a further hearing to address the dispute in more detail.

The Commission's final orders included an immediate cessation of the bullying behaviour by the manager and mandated a review hearing to be held within a specified timeframe. The Commission's decision aimed to protect the applicant and ensure a safe working environment while the broader dispute was resolved.

S.M.

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Background to the litigation

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