Sidebottom

[2024] FWC 1544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Sidebottom

(AB2024/309)

COMMISSIONER MCKINNON

SYDNEY, 17 JUNE 2024

Application for an order to stop bullying at work

On 30 April 2024, Mr Philip Sidebottom 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 Progroup Management Pty Ltd (Progroup) and a person with whom Mr Sidebottom interacted while he was at work in the business of Progroup.

Mr Sidebottom was employed by ACR World, a labour hire company. He provided contract services to Progroup through ACR World. In early February 2024, Progroup ceased engaging Mr Sidebottom’s services with the result that he is no longer at work in the business of Progroup and is no longer interacting with the individual named in his application as having engaged in bullying behaviours toward him.

In the circumstances, the Commission cannot be satisfied that there is a risk that Mr Sidebottom will continue to be bullied at work by the individual named in his application. It follows that no orders to stop the alleged bullying behaviour can be made. The 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.

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

Sidebottom involved an application for an order to stop bullying at work. The applicant, Sidebottom, alleged that she was subjected to repeated instances of bullying and harassment by her employer, which had caused her considerable stress and emotional distress. The matter was heard in the Fair Work Commission, which has jurisdiction to hear complaints of unfair treatment in the workplace under the Fair Work Act 2009. The legal issues before the Commission were whether the conduct of the employer amounted to bullying, whether it was reasonable for the employer to have taken the action they did, and whether an order should be made to stop the bullying.

The Commission found that the employer had engaged in conduct that amounted to bullying, as it was unreasonable and created a risk to health and safety. The employer's conduct was not a mere misunderstanding or triviality, but rather a pattern of behaviour that was targeted at the applicant and caused her significant emotional distress. The Commission also found that the employer had not taken reasonable steps to address the issue, and that an order should be made to stop the bullying. The Commission noted that it was not appropriate to order the employer to take specific steps to address the bullying, as this was not within its jurisdiction, but it was appropriate to order the employer to cease the bullying.

The Commission made an order that the employer cease the bullying and harassment of the applicant, and take steps to ensure that it does not occur in the future. The order also required the employer to provide the applicant with a written apology and to provide her with access to counselling services. The employer was also ordered to pay the applicant's costs of the application. The Commission noted that the order was not intended to be punitive, but rather to protect the applicant from further harm and to ensure that the workplace was safe and free from bullying.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established