ANTI-BULLYING – likely to continue – s.789FC Fair Work Act 2009 – application for an order to stop bullying – preliminary jurisdictional issue of whether future risk of workplace bullying present – application regards alleged bullying conduct by Managing Director of a business in the online healthcare sector – applicant has not been present in workplace since mid-July 2012 when during an absence from work she was apparently denied access to her work emails – due to this and other factors the applicant considered at the time that she had been dismissed – since this time there has been various forms of litigation including an unfair dismissal application and complaints made by the applicant to the AHRC alleging dismissal from employment – litigation has also included defamation and contempt proceedings taken by the respondent – the applicant also made a workers compensation claim arising from the events in 2012 and this claim has been accepted by the relevant insurer and remains on foot – the applicant sought to rely upon conduct of the employer and its representatives in support of its application under s.789FC – respondent sought that the application be dismissed on grounds of no reasonable prospects of success, contending the applicant was no longer an employee and there was no reasonable basis upon which it was anticipated the employee would return to the workplace – applicant contended she was not dismissed and sought to return to the workplace without the risk of future unreasonable conduct – employer contended that because the applications claiming dismissal initiated by the applicant did not ultimately proceed and reinstatement was not granted, parties have, in effect, conducted themselves in a manner consistent with the absence of any employment (or contractual) relationship – G.C. and Atkinson considered – Commission satisfied that applicant no longer employed by respondent employer – return to work arrangements linked to ongoing employment – no reasonable prospect that applicant returning to workplace as a worker – no reasonable prospects that orders can be made – discretion to be exercised – outstanding matters may be taken up in other forums – application dismissed. Ms KM
…
