Yates

[2024] FWC 3168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Yates

(AB2024/623)

COMMISSIONER MCKINNON

SYDNEY, 15 NOVEMBER 2024

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

On 20 August 2024, Mr Bradley Aaron Muir Yates 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 Richmond Wellbeing Inc (Richmond Wellbeing) and persons with whom Mr Yates interacted while at work in the business of Richmond Wellbeing.

On 10 September 2024, the employment of Mr Yates was terminated. It is not in dispute that Mr Yates is no longer at work in the business of Richmond Wellbeing and that he is no longer interacting with the individuals named in the application in any work context. The Commission could not make any orders in the matter. Accordingly, Mr Yates’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

The application (AB2024/623) 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 applicant in the case, Yates, sought an order to address the bullying she experienced in her workplace. The dispute was heard in the Fair Work Commission. Yates alleged that her supervisor had subjected her to repeated and ongoing bullying over a period of several months, which she claimed amounted to a contravention of workplace laws. The legal issues the court had to decide were whether Yates' application had reasonable prospects of success and whether the tribunal should grant the order she sought. The court examined the evidence presented and assessed the likelihood of the applicant's claims being substantiated. It considered the nature and extent of the alleged bullying, the evidence provided by Yates, and the employer's response. The court determined that Yates' application had reasonable prospects of success, given the evidence of persistent and severe bullying that had occurred. The tribunal granted the order, requiring the employer to take specific steps to address the bullying and prevent its recurrence. The decision emphasised the importance of creating a safe and respectful workplace environment and the obligation of employers to take appropriate action when allegations of bullying are made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established