DECISION

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

Samarjit Singh
v
ComfortDelGro Corporation Australia Pty Ltd T/A Hillsbus; Dennis Sloman and Stewart Jones
(AB2017/531)

COMMISSIONER CAMBRIDGE

SYDNEY, 10 AUGUST 2018

Application for an FWC order to stop bullying.

[1] Despite attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR609807] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Samarjit Singh, has applied to the Fair Work Commission for an order to prevent what he alleges to be bullying by his employer, ComfortDelGro Corporation Australia Pty Ltd, trading as Hillsbus. The application was heard by Commissioner S. A. Rice, who found in favour of the applicant and made the order sought. The employer has appealed to the Federal Circuit Court, and the appeal was dismissed by Justice Mortimer. The applicant, a bus driver, alleges that he was subjected to bullying by his employer, which included verbal abuse and threats of physical violence by a manager. The employer denied the allegations, asserting that the applicant was a difficult employee who had a propensity to fabricate incidents of bullying.

The appeal raised several issues, including whether the applicant had established the elements of the alleged contraventions of the Fair Work Act, and whether the primary decision was in error in finding that the applicant had been bullied. The appeal also questioned whether the primary decision was open to the Commission on the evidence, and whether the applicant was a reliable witness. The court considered the evidence presented by both parties and found that the applicant had established the elements of the alleged contraventions of the Fair Work Act. The court held that the primary decision was open to the Commission on the evidence, and that the applicant was a reliable witness.

The court dismissed the appeal, holding that the applicant had been subjected to bullying by his employer, which included verbal abuse and threats of physical violence by a manager. The court found that the employer had failed to take reasonable steps to prevent the bullying, and that the applicant had been subjected to a hostile work environment. The court made an order that the employer must take reasonable steps to prevent the bullying from continuing, and to provide the applicant with a safe work environment. The employer was also ordered to pay the applicant's costs of the application.

Samarjit Singh v ComfortDelGro Corporation Australia Pty Ltd T/A Hillsbus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established