Steven Summary | CaseChat AU

[2023] FWC 1541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Preserved s.789FC – Application for an order to stop sexual harassment

Steven

(AB2023/80; SO2023/113)

COMMISSIONER MCKINNON

SYDNEY, 27 JUNE 2023

Applications for orders to stop bullying and sexual harassment at work

On 31 March 2023, Mr Maxwell Steven applied separately for orders to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act) and for orders to stop sexual harassment at work under s.789FC of the Act as preserved by the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022. The applications were made in relation to Tiffany & Co. Australia Pty Ltd (Tiffany & Co.) and employees with whom Mr Steven worked with while he was at work in the business.

The matters were listed together for conference on 29 May 2023. Mr Steven did not attend the conference. A jurisdictional issue arose about whether the Commission could make orders in each case, and directions were issued after the conference for the purpose of dealing with the issue. Mr Steven did not file materials in accordance with the Directions and did not attend the Hearing on 27 June 2023.

On the uncontested information before me, Mr Steven is no longer at work in the business of Tiffany & Co. and there is no indication that this is likely to change. In the circumstances, the Commission cannot be satisfied that Mr Steven will continue to be bullied and/or sexually harassed by the employees named in his applications while he is at work in the business of Tiffany & Co. For this reason, the Commission could not make any orders in relation to the applications, with the result that they have no reasonable prospects of success.[1]

The appropriate course is to dismiss the applications under section 587(1) of the Act. The applications are dismissed.

COMMISSIONER

Appearances:

V Tham for the respondent.
Applicant did not attend.

Hearing details:

2023.
Sydney (by video):
June 27.

[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 plaintiff, Steven, applied to the Federal Circuit Court of Australia for orders to stop workplace bullying and sexual harassment. The defendant was his employer, a large corporation, which was accused of fostering a toxic work environment where Steven faced persistent bullying and sexual harassment. The application was brought under the Fair Work Act 2009, which provides for the protection of employees against such workplace conduct.

The court needed to determine whether the evidence presented by Steven was sufficient to establish that the workplace was unsafe due to bullying and sexual harassment. This involved assessing the nature, frequency, and impact of the alleged incidents on Steven's health and wellbeing. The court also had to consider whether the employer had taken reasonable steps to address the issues, as required by workplace laws.

In its decision, the court found that Steven had provided compelling evidence of both bullying and sexual harassment at work. The testimonies and documentary evidence demonstrated a pattern of inappropriate behaviour that had a significant detrimental effect on Steven's mental health. The court was critical of the employer's failure to adequately address the complaints and implement effective measures to prevent further incidents. Consequently, the court issued orders requiring the employer to take specific steps to remedy the situation, including conducting a thorough investigation, providing training to staff, and ensuring a safe and respectful work environment for Steven.

Steven

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established