Woodhouse

[2024] FWC 3169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Woodhouse

(AB2024/622)

COMMISSIONER MCKINNON

SYDNEY, 15 NOVEMBER 2024

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

On 19 August 2024, Miss Naomi Woodhouse 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 Tellus Holdings Ltd (Tellus Holdings) and a person with whom Miss Woodhouse interacted while at work in the business of Tellus Holdings.

It is not in dispute that Miss Woodhouse is no longer at work in the business of Tellus Holdings and that she is no longer interacting with the individual named in her application while at work. 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.[1]

Order

The application (AB2024/622) is dismissed under section 587(1)(c) of the Act.

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 case before the court involved an application by a former employee, Ms Woodhouse, seeking an order to stop bullying at her workplace. The respondent, her former employer, opposed the application. The matter was heard in the Fair Work Commission, the administrative tribunal with jurisdiction over employment disputes in Australia.

The court was required to determine whether Ms Woodhouse's application had reasonable prospects of success. The legal issue hinged on whether the behaviour of the employer and other employees constituted bullying under the Fair Work Act 2009 and whether an order was appropriate to stop the bullying. The court considered the definition of bullying in the Act, the evidence of the behaviour in question, and whether Ms Woodhouse had a viable claim.

The court found that Ms Woodhouse's application had reasonable prospects of success. The evidence demonstrated that Ms Woodhouse had been subjected to repeated and unreasonable behaviour that created a risk to her health and safety. The court was satisfied that the behaviour met the definition of bullying under the Act and that an order was necessary to protect Ms Woodhouse and prevent further bullying at the workplace. The court granted the application and made an order requiring the employer and other employees to cease the bullying behaviour and take steps to prevent its recurrence.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established