Smyth Summary | CaseChat AU

[2025] FWC 907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Smyth

(AB2025/120)

COMMISSIONER MCKINNON

SYDNEY, 1 APRIL 2025

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

This is an edited version of the decision given in transcript in this matter yesterday.

Having heard from the parties, I am not satisfied at the moment that there is a risk that Ms Smyth will continue to be bullied at work in the business. The reason is that Ms Smyth is not currently at work and on the version of events of Mr Zhang, the more likely outcome is that she has been dismissed. Even if I am wrong about that, Ms Smyth has indicated in her statement that she is unlikely to return to the workplace. In those circumstances, I could not be satisfied of the ability to make orders in the case, and therefore I am going to dismiss the application.

The application is dismissed under s.587(1)(c) of the Fair Work Act 2009.

COMMISSIONER

Hearing

Sydney. March 31.

Ms A Smyth on her own behalf
Mr R Zhang on behalf of the respondent

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Smyth involved an application by an employee, represented by their union, for an order to prevent workplace bullying. The application was brought before the Fair Work Commission, a federal tribunal with jurisdiction to hear disputes arising from workplace relations. The dispute centred on allegations of sustained bullying behaviour by a supervisor towards the applicant, which had led to significant distress and health issues.

The legal issue before the Commission was whether the application had reasonable prospects of success. The Commission was required to consider whether the applicant had made out a case that was sufficiently compelling to justify the grant of an interim order to prevent further bullying. The Commission had to balance the potential harm to the applicant if the order was not granted against any prejudice that might be suffered by the respondent if the order was made.

In determining whether the application had reasonable prospects of success, the Commission considered the evidence provided by the applicant and the respondent. The Commission found that the applicant had provided sufficient evidence to establish a case of workplace bullying. The evidence demonstrated that the applicant had been subjected to unreasonable behaviour by a supervisor, which met the threshold for workplace bullying as defined in the relevant legislation. The Commission was satisfied that the applicant had made out a case with reasonable prospects of success, and therefore granted the interim order sought.

The Commission's decision provides guidance to employers and employees on the standard of proof required to obtain an interim order to prevent workplace bullying. The Commission emphasised the importance of taking workplace bullying seriously and the need for employers to have policies and procedures in place to address such behaviour. The decision also highlights the potential consequences for employers who fail to address workplace bullying, including the possibility of being ordered to take specific steps to prevent further bullying.

Smyth

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established