Trask

[2024] FWC 2355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Trask

(AB2024/331)

COMMISSIONER MCKINNON

SYDNEY, 3 SEPTEMBER 2024

Application for an order to stop bullying at work

On 8 May 2024, Mr Shane Trask applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was amended on 13 May 2024 and was made in relation to Sunvista Homes Pty Ltd as the trustee for The Sunvista Trust (Sunvista Homes) and a person with whom Mr Trask interacted while he was at work in the business of Sunvista Homes.

On 16 May 2024, Mr Trask resigned from his employment with Sunvista Homes, with 17 May 2024 being his last formal day of employment. It does not appear to be in dispute that Mr Trask is no longer at work in the business of Sunvista Homes and is no longer interacting with the individual named in his application as having engaged in bullying behaviour.

In the circumstances, the Commission cannot be satisfied that there is a risk that Mr Trask will continue to be bullied at work. It follows that no orders to stop the alleged bullying behaviour can be made. The application has no reasonable prospects of success.[1] The appropriate course is to dismiss the application under section 587(1)(c) of the Act.

The application is dismissed.

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 matter involved an application by a former employee of a local council for an order to prevent workplace bullying. The application was heard in the Federal Circuit Court of Australia. The applicant had been employed by the council as a town planner and was dismissed from employment. Following her dismissal, the applicant alleged that she had been subjected to bullying by her supervisor and others in the workplace. She sought an order under the Fair Work Act to prevent the council and its employees from engaging in further acts of bullying and harassment.

The court was required to determine whether the applicant had established a case of workplace bullying and whether it was appropriate to make the order sought. The applicant relied on a range of evidence, including her own testimony and that of a psychologist. The council argued that the applicant's allegations were not substantiated and that the order sought was inappropriate.

The court found that the applicant had established a case of workplace bullying and that the order sought was appropriate. The court considered that the applicant had been subjected to repeated and unreasonable behaviour by her supervisor and others that created a risk to her health and safety. The court noted that the council had failed to take appropriate action to address the bullying and that the applicant's allegations were supported by the evidence. The court made the order sought, prohibiting the council and its employees from engaging in further acts of bullying and harassment towards the applicant.

The court also ordered the council to pay the applicant's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established