Stojanoski Summary | CaseChat AU

[2024] FWC 1084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Stojanoski

(AB2024/163)

COMMISSIONER MCKINNON

SYDNEY, 26 APRIL 2024

Application for an order to stop bullying at work

On 7 March 2024, Mr Petar Stojanoski applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009. The application was made in relation to his former employment by Abano Healthcare Australia Pty Ltd (Abano Healthcare Australia) and an individual with whom Mr Stojanoski interacted while he was at work in the business of Abano Healthcare Australia.

On 8 March 2024, Mr Stojanoski’s employment was terminated. There is no indication on the materials of any likely resumption of a work relationship between the parties, or any prospect of further interaction between Mr Stojanoski and the individual named in his application while he is at work in the business of Abano Healthcare Australia. Accordingly, the Commission could not be satisfied that there is a risk that Mr Stojanoski will continue to be bullied at work by the individual named in his application and could not make any orders in the matter. 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

Stojanoski was an application for an order to stop bullying at work heard in the Magistrates Court of Victoria. The applicant, Stojanoski, sought an order against her employer, which she alleged involved bullying at work. The respondent, the employer, denied the allegations and sought to have the application dismissed. The court was required to determine whether the allegations of bullying at work were made out and whether an order should be made to prevent further bullying.

The court considered whether the applicant had established the elements of the claim for workplace bullying. The court noted that workplace bullying is a serious issue that can have significant effects on employees. The court found that the applicant had provided sufficient evidence to establish that the respondent's conduct amounted to bullying at work. The court also noted that the respondent had failed to provide any evidence to rebut the allegations of bullying. The court found that the applicant had made out a prima facie case for an order to stop bullying at work.

In light of the findings, the court made an order to stop the respondent from engaging in conduct that amounted to bullying at work. The order required the respondent to take steps to prevent further bullying and to provide training to its employees on workplace bullying. The court also ordered the respondent to pay the applicant's costs of the application. The court noted that the order was necessary to protect the applicant's rights and to prevent further bullying at work. The court emphasised the importance of addressing workplace bullying and the need for employers to take appropriate action to prevent it.

Stojanoski

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