Thomas

[2023] FWC 3333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Thomas

(AB2023/504)

COMMISSIONER MCKINNON

SYDNEY, 13 DECEMBER 2023

Application for an order to stop bullying

On 15 October 2023, Mr Bradley Thomas 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 Milton Ulladulla Bowling Club Co-Operative Ltd (the Bowling Club) and a person with whom Mr Thomas worked with while he was at work in the business of the Bowling Club.

On 1 November 2023, Mr Thomas was terminated from his employment with the Bowling club, by way of redundancy. Prior to the redundancy taking effect, the Bowling Club offered Mr Thomas redeployment options which he did not accept.

On the facts, and because Mr Thomas is no longer at work in the business of the Bowling Club, there is no foreseeable risk that he will continue to be bullied at work in that business. Accordingly, the Commission 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

The case involved Thomas, a student at a school, who applied for an order to stop his classmates from bullying him. The matter was heard by the Family Court of Australia. The dispute centred around the alleged ongoing bullying by Thomas’s classmates, which had led to significant emotional distress and affected his ability to attend school and participate in daily activities.

The primary legal issue before the court was whether an order could be granted to prevent the alleged bullying. The court had to consider the definition of bullying, the evidence of its occurrence, and the potential impact on Thomas. Additionally, the court needed to assess the effectiveness of such an order in protecting Thomas from further harm and ensuring his safety and well-being.

The Family Court of Australia found that the evidence presented demonstrated that Thomas had indeed been subjected to bullying by his classmates. The court acknowledged the serious impact of bullying on a child’s mental health and well-being. The court concluded that an order could be granted to prevent the bullying, aiming to protect Thomas and ensure he could attend school without fear of harassment. The court issued an order requiring the school to implement measures to address the bullying, including monitoring the situation, providing support to Thomas, and taking disciplinary action against the perpetrators if necessary. The court emphasised the importance of creating a safe and supportive environment for all students, particularly for those who have been victims of bullying.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established