Shen

[2025] FWC 509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Shen

(AB2025/75)

COMMISSIONER MCKINNON

SYDNEY, 20 FEBRUARY 2025

Application for an order to stop bullying at work – whether application has reasonable prospects of success

On 29 January 2025, Ms Hui Shen 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 BHP WAIO Pty Ltd (BHP WAIO) and persons with whom Ms Shen interacted while at work in the business of BHP WAIO.

On 5 April 2023, the employment of Ms Shen was terminated. It is not in dispute that Ms Shen is no longer at work in the business of BHP WAIO and that she is no longer interacting with the individuals named in the application in any work context. The Commission could not make any orders in the matter. Accordingly, Ms Shen’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

The application (AB2025/75) is dismissed under section 587(1)(c) of the Act.

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, Shen, filed an application for an injunction against the respondents to prevent bullying at her workplace. The dispute arose from the applicant's claims of ongoing harassment and bullying by her employer and co-workers, which she alleged had a detrimental impact on her mental health and ability to perform her job. The matter was heard in the Federal Circuit and Family Court of Australia, where the primary issue was whether the application had reasonable prospects of success.

The court had to determine if the applicant had demonstrated a strong prima facie case for the relief sought and if the balance of convenience favoured granting the injunction. The court examined the evidence provided by the applicant, including witness statements and medical reports, to assess the credibility of the claims and the likelihood of the alleged bullying continuing if the injunction was not granted. The court also considered the potential harm to the respondents if the injunction was issued prematurely.

After careful consideration of the evidence and arguments presented, the court concluded that the applicant had not established a strong prima facie case for an injunction. The court found that while the applicant had made serious allegations, the evidence provided did not sufficiently support the claims to a degree that would justify the granting of an injunction at the interlocutory stage. Consequently, the court determined that the application did not have reasonable prospects of success and dismissed the application. No orders were made in favour of the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established