Y.L.

[2022] FWC 2682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying and/or sexual harassment

Y.L.

(SO2022/445)

COMMISSIONER MCKINNON

SYDNEY, 6 OCTOBER 2022

Application for an order to stop bullying at work.

Y.L. was employed by Richemont Australia Pty Limited (Richemont) on 15 January 2018. On 7 September 2022, Y.L. applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009.

There is no dispute that the employment relationship between Y.L. and Richemont came to an end on 8 September 2022, when Y.L. sent a letter of resignation to Richemont through his lawyers. On 9 September 2022, the resignation was accepted by Richemont as taking effect immediately. On the materials before me, there is no prospect of that position changing in the near future.

As the Applicant is not a ‘worker’ nor ‘at work’ in the business of Richemont, there is no apparent risk of his continuing to be bullied while at work in the business. The application has no reasonable prospects of success.[1]

The application is dismissed under section 587(1) of the Act.

COMMISSIONER

Hearing details:

Determined on the papers.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Y.L. applied to the Fair Work Commission for an order to stop bullying at work. The applicant alleged that her employer and her supervisor had subjected her to bullying in the form of unreasonable behaviour and that this behaviour created a risk to health and safety. The matter was heard by the Commission on an expedited basis due to the urgency of the situation. The legal issues before the Commission were whether the applicant had established that she had been subjected to bullying at work and whether the Commission should make an order to stop the bullying.

The Commission found that the applicant had been subjected to unreasonable behaviour that amounted to bullying. The behaviour included verbal abuse, threats, and humiliation, which created a risk to the applicant's health and safety. The Commission found that the employer and the supervisor had failed to take reasonable steps to prevent the bullying from occurring. The Commission made an order requiring the employer and the supervisor to cease the bullying behaviour and to take steps to prevent the behaviour from occurring in the future. The order also required the employer to provide the applicant with a written apology and to provide her with access to counselling services.

The Commission emphasised the importance of creating a safe and respectful workplace and the responsibility of employers to take reasonable steps to prevent bullying. The Commission also noted that the order was not intended to be punitive but rather to protect the applicant's health and safety and to promote a positive workplace culture. The Commission made an order that the employer and the supervisor cease the bullying behaviour, take steps to prevent the behaviour from occurring in the future, provide the applicant with a written apology, and provide her with access to counselling services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established