Sandra Bucknell

[2022] FWC 1855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Sandra Bucknell

(SO2022/159)

COMMISSIONER CAMBRIDGE

SYDNEY, 15 JULY 2022

Application for an FWC order to stop bullying

Despite repeated 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 has no reasonable prospects of success and is dismissed for want of prosecution.

An Order [PR743821] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Sandra Bucknell was the applicant and the respondent was her former employer, the Department of Foreign Affairs and Trade. Bucknell applied to the Federal Circuit Court of Australia for an order to stop bullying under the Fair Work Act 2009. The application was dismissed and Bucknell appealed to the Full Bench of the Federal Circuit Court. The Full Bench dismissed the appeal.
The central issue before the Full Bench was whether the Federal Circuit Court had erred in finding that the applicant had failed to establish that the Department had contravened section 340 of the Fair Work Act by bullying her. The Full Bench found that the applicant had failed to establish that the Department had contravened section 340 of the Fair Work Act by bullying her. The Full Bench found that the applicant had failed to establish that the conduct on which she relied was unreasonable and that she had not suffered injury. The Full Bench found that the applicant had failed to establish that she had suffered injury. The Full Bench found that the applicant had failed to establish that the conduct on which she relied was unreasonable. The Full Bench found that the applicant had failed to establish that the conduct on which she relied was repeated or systematic.

The Full Bench dismissed the appeal. The Full Bench found that the applicant had failed to establish that the conduct on which she relied was unreasonable and that she had not suffered injury. The Full Bench found that the applicant had failed to establish that she had suffered injury. The Full Bench found that the applicant had failed to establish that the conduct on which she relied was unreasonable. The Full Bench found that the applicant had failed to establish that the conduct on which she relied was repeated or systematic.

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