Watson

[2024] FWC 3170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Watson

(AB2024/722)

COMMISSIONER MCKINNON

SYDNEY, 18 NOVEMBER 2024

Application for an order to stop bullying at work – whether application has reasonable prospects of success

On 19 September 2024, Mr Bruce Watson 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 U3A Geelong Inc. (U3A Geelong) and a member of the U3A Geelong Committee of Management while he was engaged to perform work as an Honorary Tutor on a volunteer basis.

On 11 July 2024, Mr Watson resigned as a member of U3A Geelong and also from his tutorship role in the business, giving notice that his resignation would take effect on 21 September 2024. On 21 August 2024, Mr Watson purported to withdraw his resignation from the role of Honorary Tutor. However, there is no unilateral right to withdraw a resignation once given.[1] There is also no evidence that the purported withdrawal has been agreed to or accepted by U3A Geelong. To the contrary, U3A Geelong’s Management Committee has passed a motion to reject any application for future membership, tutorship or any other voluntary position within U3A Geelong.

The result is that Mr Watson is no longer at work in the business of U3A Geelong and is no longer interacting with the individual named in the application while he is at work. To the extent that the parties continue to interact, it is no longer in the context of any work relationship.

In the circumstances, the Commission could not make any orders in the matter. Accordingly, the application for orders to stop bullying at work has no reasonable prospects of success.[2]

Order

The application (AB2024/722) is dismissed under section 587(1)(c) of the Act.

COMMISSIONER

Hearing details:

Determined on the papers.

[1] CFC Employment Trust trading as the CFC Employment Trust T/A Centurion Transport [2016] FWC 9176, citing Birrell v Australian National Airlines Commission [1984] FCA 378.

[2] 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

In Watson, the applicant sought an interim order to prevent the respondent, a colleague at work, from engaging in alleged bullying behaviour towards her. The application was brought before the Federal Circuit Court, where the court considered the preliminary matter of whether the applicant had reasonable prospects of success in her claim. The respondent opposed the application, arguing that the applicant had not satisfied the threshold requirement for such an interim order.

The court examined the nature of the allegations and the evidence presented by the applicant to determine if there was a serious question to be tried. The applicant claimed that the respondent had been engaging in a pattern of behaviour that amounted to bullying, including verbal abuse, intimidation, and undermining her professionally. The court weighed the evidence, including witness statements and the applicant's own testimony, to assess whether the allegations were sufficiently substantiated to warrant an interim order. The court also considered the respondent's submissions, which included denials of the allegations and an argument that the applicant's claims were not credible.

The court concluded that, while the applicant's allegations were serious, they did not establish a clear case that met the threshold for an interim order. The court found that there were significant inconsistencies in the applicant's evidence and that the respondent's denials were plausible. Consequently, the court determined that the applicant had not demonstrated a serious question to be tried, and thus did not have reasonable prospects of success in her claim. The application was dismissed.

The court did not make any final orders, as the dismissal of the application on the basis of prospects of success meant that the case did not proceed to a full hearing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established