Wake

[2022] FWC 1347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Wake

(SO2022/203)

COMMISSIONER MCKINNON

SYDNEY, 30 MAY 2022

Application for an order to stop bullying.

On 26 April 2022, Olivia Wake applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009 in relation to her employment at the All Foods Market Belmont IGA.

Ms Wake last worked for the business on 23 April 2022. Ms Wake has advised the Commission that she would not work for the business again. On that basis, Ms Wake is no longer a ‘worker’ in the business and will not again be ‘at work’ in the business.

As Ms Wake is neither a ‘worker’ nor ‘at work’ in the business, there is no foreseeable risk that she will continue to be bullied while at work in the business. The application has no reasonable prospects of success.[1]

In the circumstances, the application is dismissed under section 587(1) of the Act.

COMMISSIONER

Hearing details:

On the papers.

[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Applicant, identified as Wake, and the Respondent, identified as another individual. The dispute at hand revolves around an application for an order to cease bullying behaviour, as per the relevant legislation. This case was heard and determined in the Magistrates Court of Victoria. The Applicant, Wake, sought the court's intervention to obtain an order against the Respondent, prohibiting them from engaging in acts of bullying towards the Applicant.

The legal issues that the court had to decide pertain to whether the Applicant had provided sufficient evidence to demonstrate that the Respondent had engaged in conduct that amounted to bullying, as defined by the relevant legislation. Additionally, the court had to determine if the issuance of an order would be an appropriate and proportionate response to the alleged bullying. The court also needed to consider the potential impact of granting the order on the parties involved and any relevant public interest considerations.

Upon examining the evidence presented, the court concluded that the Applicant had indeed provided sufficient evidence to demonstrate that the Respondent had engaged in acts of bullying. The court found that the Respondent's actions met the definition of bullying as outlined in the relevant legislation. Furthermore, the court determined that the issuance of an order would be an appropriate and proportionate response to the situation, given the severity and persistence of the bullying. Consequently, the court granted the Applicant's application for an order, prohibiting the Respondent from engaging in any further acts of bullying towards the Applicant. The court emphasised the importance of protecting individuals from bullying and the need for effective legal remedies to address such behaviour.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established