QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Welsh v Logan City Council [2021] QIRC 141 |
PARTIES: | Welsh, Brian v Logan City Council |
CASE NO.: | B/2020/82 |
PROCEEDING: | Application for an order to stop bullying |
DELIVERED ON: | 29 April 2021 |
HEARING DATE: | 3 February 2021 |
| DATES OF WRITTEN SUBMISSIONS: | Applicant's written submissions filed on 18 February 2021, Respondent's written submissions filed on 2 March 2021 and Applicant's submissions in reply filed on 5 March 2021 |
MEMBER: HEARD AT: | Merrell DP Brisbane |
ORDER: | The Applicant's application for an order to stop bullying is dismissed. |
| CATCHWORDS: | INDUSTRIAL LAW - application for an order to stop bullying - consideration of the elements for Commission to be satisfied an employee has been bullied in the workplace within the meaning of s 272 of the Industrial Relations Act 2016 - consideration of the elements of s 275(1) of the Industrial Relations Act 2016 for Commission to have power to make an order to stop bullying - whether preliminary investigation, investigation and disciplinary procedure undertaken by certain employees of the respondent, in respect of the applicant, meant the applicant was bullied in the workplace - whether the conduct of those employees created a risk to the health and safety of the applicant - applicant not bullied in the workplace - application dismissed |
LEGISLATION: | Fair Work Act 2009 (Cth), s 789FD and s 789FF Industrial Relations Act 2016, s 8, s 272, s 273, and s 275 Local Government Act 2009, s 4, s 129, s 132, s 197, s 202 and sch 4 Local Government Regulation 2012, s 278, s 279, s 280 and s 283 Public Sector Ethics Act 1994, s 10 and s 24 Safety, Rehabilitation and Compensation Act 1988 (Cth), s 5A Work Health and Safety Act 2011, s 7 Workers' Compensation and Rehabilitation Act 2003, s 32 Workers Rehabilitation and Compensation Act 1986 (SA), s 30A |
CASES: | Australian Securities and Investments Commission v Hellicar [2012] HCA 17; (2012) 247 CLR 345 Bowker v DP World Melbourne Ltd [2014] FWCFB 9227; (2014) 246 IR 138 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; (2011) 243 CLR 361 Mac v Bank of Queensland & Ors [2015] FWC 774; (2015) 247 IR 274 Manly Council v Byrne [2004] NSWCA 123 Mayson v Mylan Health Pty Ltd & Ors [2020] FWC 1404 Mekuria v MECCA Brands Pty Ltd [2019] FWCFB 2771 Ms SB [2014] FWC 2104 Neat Holdings v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 Obatoki v Mallee Track Health and Community Services [2015] FWCFB 1661; (2015) 249 IR 135 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; (2010) 241 CLR 252 South Eastern Sydney Local Health District v Lal [2019] FWCFB 1475; (2019) 285 IR 355 |
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- AGLC
- Welsh v Logan City Council [2021] QIRC 141
- Case
- [2021] QIRC 141
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether Mr Welsh had been subjected to bullying within the meaning of s 272 of the Act. This required an examination of whether the conduct of the Council employees was repeated and unreasonable, and if it created a risk to Mr Welsh's health and safety. The Commission also had to consider if the behaviour fell outside the scope of reasonable management actions as per s 272(2). The elements of the equivalent provisions in the Fair Work Act 2009 were referenced to understand the application of the Industrial Relations Act.
In delivering the decision, the Commission found that the behaviour of the Council employees towards Mr Welsh, while possibly inappropriate, did not meet the threshold of being repeated and unreasonable. The Commission emphasised that the disciplinary procedure had not been completed, and thus, the decision was confined to the specific question of whether Mr Welsh had been bullied. The Commission concluded that the actions of the Council employees did not constitute bullying under the Act. Consequently, Mr Welsh's application for an order to stop bullying was dismissed.
The final order made by the Commission was that Mr Welsh's application for an order to stop bullying was dismissed, affirming that the behaviour in question did not amount to bullying as defined by the Industrial Relations Act 2016.
Orders
Orders of the court
The Applicant's application for an order to stop bullying is dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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