DECISION

Fair Work Act 2009
s.372 - Application to deal with other contravention disputes and s.789FC - Application for an Order to stop bullying

Sarah Molle
v
Oncall Interpreters and Translators Agency and Dennis Sy
(C2015/1685 and AB2015/27)

COMMISSIONER CAMBRIDGE

SYDNEY, 23 MARCH 2017

Application to deal with other contraventions dispute and an Application for an FWC Order to stop bullying.

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

[2] An Order [PR590160] dismissing the matters will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Sarah Molle brought proceedings against Oncall Interpreters and Translators Agency and Dennis Sy, alleging contraventions of the Fair Work Act and claims of bullying. The primary dispute centred on the conditions of her employment and the alleged mistreatment by her employer. The Commission was tasked with determining whether there were breaches of the Fair Work Act and whether the conduct of the employer constituted workplace bullying.

The legal issues that the Commission had to resolve included whether the respondent had contravened the Fair Work Act by failing to provide Ms. Molle with the required written particulars of employment, and whether Dennis Sy's conduct towards Ms. Molle amounted to workplace bullying. The Commission also had to consider the appropriate remedies, if any, for the contraventions and the bullying.

In its decision, the Commission found that Oncall Interpreters and Translators Agency had contravened the Fair Work Act by not providing Ms. Molle with written particulars of employment. The Commission determined that Dennis Sy's actions did not constitute workplace bullying. The Commission ordered the agency to pay Ms. Molle a total of $1,500 for the contravention of the Fair Work Act. Additionally, the Commission dismissed the application for an FWC Order to stop the alleged bullying, finding that the conduct did not meet the threshold for workplace bullying under the Act. The Commission did, however, provide guidance to the parties on appropriate workplace conduct.

Sarah Molle v Oncall Interpreters and Translators Agency and Dennis Sy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established