CASE PROCEDURES – procedural and interim decisions – ss.789FC, 589(2) Fair Work Act 2009 – application for order to stop bullying – applicant, executive director at Bendigo Kangan Institute (BKI), alleged bullying by senior executives – applicant argued BKI made allegations of misconduct against her only after she made a complaint and subsequent investigation constituted bullying – applicant sought interim order under s.589(2) FW Act – order prevented BKI from continuing with investigation and from taking disciplinary action pending determination of anti-bullying application – applicant unable to work until 23 April 2017 due to being medically unfit – she claimed that without interim orders BKI might dismiss her, thereby denying Commission jurisdiction in respect of her anti-bullying application – respondent submitted the investigation and proposed disciplinary action represented reasonable management actions – respondent argued Commission being asked to prospectively injunct BKI from dismissing applicant – Commission adopted approach taken in Wedderburn i.e. whether applicant had established a prima facie case and the balance of convenience – Commission satisfied anti-bullying application had prima facie merit and sufficient likelihood of success to justify preserving status quo pending further consideration and determination of substantive matter – considered in the absence of interim orders, dismissal a very real prospect – dismissal would significantly compromise, and deny, applicant’s capacity to have anti-bullying application heard and determined – Commission considered potential prejudice caused by interim order for BKI – Commission satisfied balance of convenience in favour of interim order being made – interim order made prevented BKI and other respondents from taking any further steps to finalise investigation of applicant; impose any disciplinary sanctions; and/or terminate her employment – capacity to review or rescind order granted. Ms Bayly
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