Shakir

[2023] FWC 3331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Shakir

(AB2023/503)

COMMISSIONER MCKINNON

SYDNEY, 20 DECEMBER 2023

Application for an order to stop bullying

On 14 October 2023, Ms Khiloud Shakir applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to Independent Community Living Australia Limited (ICLA) and persons with whom Ms Shakir worked with while she was at work in the business of ICLA.

On 20 October 2023, Ms Shakir’s employment with ICLA was terminated. The consequence of termination is that Ms Shakir is no longer at work in the business of ICLA. Accordingly, there is no present or reasonably foreseeable risk of her continuing to be bullied at work in the business. The Commission could not make any orders in the matter and for that reason, Ms Shakir’s application has no reasonable prospects of success.[1]

In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act.

The application is dismissed.

COMMISSIONER

Hearing details:

Determined on the papers.

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Shakir, filed an application for an order to stop bullying against his employer, the respondent, under the Workplace Bullying Act 2013 (Vic). Shakir alleged that he had been subjected to bullying by his supervisor, resulting in psychological harm. The matter was heard by the Victorian Civil and Administrative Tribunal (VCAT). The primary legal issue before the tribunal was whether the applicant's experiences met the statutory definition of bullying under the Act. This required an examination of the frequency, nature, and impact of the alleged bullying incidents, as well as whether the respondent was aware of the behaviour and had the ability to address it.

The tribunal considered the evidence presented by both parties, including witness testimonies and documentary evidence. It found that the applicant had been subjected to repeated and unreasonable behaviour by his supervisor, which had a significant impact on his health and wellbeing. The tribunal concluded that the respondent was aware of the bullying and failed to take adequate steps to address it. Given these findings, the tribunal determined that the applicant's experiences constituted bullying under the Act. Consequently, the tribunal ordered the respondent to take specific steps to prevent further bullying and to compensate the applicant for the harm suffered.

The tribunal's decision underscores the importance of employers taking proactive measures to prevent and address workplace bullying. It highlights the need for organisations to foster a safe and respectful work environment and to respond appropriately when allegations of bullying are made. The final orders included a requirement for the respondent to implement a bullying prevention policy, provide training for staff on identifying and addressing bullying, and compensate the applicant for psychological harm and lost earnings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established