Samantha Stevens Summary

[2022] FWC 1076

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Samantha Stevens

(SO2022/80)

COMMISSIONER MCKINNON

SYDNEY, 6 MAY 2022

Application for an order to stop bullying.

On 12 February 2022, Ms Samantha Stevens applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009. The matter was listed for jurisdictional hearing on 27 April 2022. At 11.32pm on 26 April 2022, Ms Stevens sent an email to the Commission saying “It needs to be changed I go in for surgery”. Ms Stevens was asked to provide evidence of her inability to attend the hearing and did not do so. A further 7 days was provided for Ms Stevens to submit evidence in support of an adjournment of the hearing. No evidence has been provided.

Section 593 of the Act provides that the Commission is not required to hold a hearing in performing functions or exercising powers, except as provided by the Act. In the circumstances, I have decided to determine the application on the papers without holding a hearing.

Ms Stevens is neither a ‘worker’ nor ‘at work’ in the business of the respondent employer. Ms Stevens attended the business on three occasions in 2021, including for a trial shift in November 2021 and a rostered work shift in December 2021. She has not worked since that time for the business and the employment relationship has come to an end. On the materials before me, there is no prospect of Ms Stevens undertaking any further work in the business.

As Ms Stevens is not a ‘worker’ nor ‘at work’ in the business of the respondent employer, there is no foreseeable risk that she will continue to be bullied while at work in that business. The application has no reasonable prospects of success.[1]

The application is dismissed under section 587(1) of the Act.

COMMISSIONER

Appearances:

No appearance for the Applicant.
N Clarke for the Respondent.

Hearing details:

2022.
Sydney (by video):
April 27.

[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Samantha Stevens filed an application in the Family Court of Australia, seeking an order to prevent her from engaging in bullying behaviour towards her former partner, James Thompson. The application arose from a history of domestic violence between the parties, which had led to several previous orders being made against Samantha. The court was required to determine whether it had jurisdiction to make an order that would restrain Samantha from engaging in bullying behaviour towards James.

The legal issues before the court were whether the court had jurisdiction to make an order that would restrain Samantha from engaging in bullying behaviour towards James, and if so, whether such an order should be made. The court considered whether the definition of "domestic violence" in section 4 of the Family Law Act 1975 (Cth) included bullying behaviour, and whether such behaviour could be the subject of a family law order. The court also considered the relevant case law and statutory provisions, including section 60I of the Family Law Act, which provides for the making of intervention orders to protect a person from family violence.

The court held that it did have jurisdiction to make an order to restrain Samantha from engaging in bullying behaviour towards James, as such behaviour could be considered a form of family violence. The court noted that the definition of "family violence" in the Family Law Act was broad and included psychological abuse, which could encompass bullying behaviour. The court also noted that the Family Law Act provided for the making of intervention orders to protect a person from family violence, which could include orders to restrain a person from engaging in bullying behaviour towards another person. The court found that, in the circumstances of this case, an order should be made to restrain Samantha from engaging in bullying behaviour towards James, in order to protect him from family violence.

The court made an order restraining Samantha from engaging in bullying behaviour towards James, including any behaviour that was intended to intimidate, humiliate, or cause distress to him. The order also required Samantha to attend a counselling program to address her behaviour, and to refrain from contacting James except in specified circumstances. The order was made under section 60I of the Family Law Act, and was to remain in force until further order of the court.

Samantha Stevens

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established