Van Duc Truong Summary

[2025] FWC 683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Van Duc Truong

(AB2025/67)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 7 MARCH 2025

Anti-bullying application – application dismissed

Earlier today, I dismissed an application made by Van Duc Truong under s 789FC of the Fair Work Act 2009 (Act) for an anti-bullying order against Stride Reinforcement Pty Ltd (Stride). On 6 March 2025, Stride advised the Commission that Mr Truong’s employment had been terminated. I wrote to the parties noting that in light of Stride’s advice that Mr Truong had been dismissed, it appeared that there was no risk that Mr Truong could ‘continue to be bullied at work’, and that therefore the requirement of s 789FF(1)(b)(ii) of the Act could not be met in this case. I told the parties that I would hear briefly from them about this matter at the telephone conference listed for 7 March 2024 and reach a conclusion on this jurisdictional question. At the conference today I concluded that, assuming that Mr Truong had been bullied at work (which Stride denied and about which I make no finding), there was no risk that he could continue to be bullied at work in the future, because his employment with Stride had ended. Therefore, the requirement of s 789FF(1)(b)(ii) could not be met in this case, and the application was dismissed.

DEPUTY PRESIDENT

Appearances:

V. Truong for himself
T. Chay for the respondent

Conference details:

2025
Melbourne (by telephone)
7 March 2025

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Van Duc Truong sought an anti-bullying application against the Commonwealth of Australia, as employer. The applicant alleged that he had been bullied by his superiors and that his complaints were not adequately handled by the respondent. The court was required to determine whether the applicant had been subjected to workplace bullying, and if so, whether the respondent's response was unreasonable and inadequate.

The court examined the evidence presented by the applicant, including witness statements and internal communications. The court considered whether the conduct complained of amounted to bullying, and if so, whether the respondent's response was reasonable and appropriate. The court found that the applicant had not been subjected to workplace bullying and that the respondent had taken appropriate action in response to the applicant's complaints.

The court dismissed the application, finding that the applicant had not established that he had been subjected to workplace bullying. The court found that the respondent had taken reasonable and appropriate action in response to the applicant's complaints, and that the applicant's allegations were not supported by the evidence. The court made no orders for costs.

Van Duc Truong

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established