[2025] FWCFB 168
At a glance
- 1
- MA000000
What happened
Joseph Osure, a Senior Fraud Officer at the National Disability Insurance Agency (NDIA), applied for a stop-bullying order against colleagues, Zoe Honner and Kent Hua, and the NDIA. He alleged various instances of bullying, including inaccurate accusations, suppressing ideas, and unfair scrutiny. The NDIA argued the conduct was reasonable management action. A restructure occurred, removing Honner and Hua from Osure's direct reporting line. Deputy President Millhouse dismissed the application, finding no risk of continued bullying. Osure appealed this decision.
What was decided
The Full Bench dismissed Osure’s appeal against the Deputy President’s decision. The Deputy President found that a restructure within the NDIA meant there was no risk of continued bullying, and therefore the application for a stop-bullying order had no reasonable prospects of success. The Full Bench agreed with the Deputy President’s approach, finding no error in her reasoning or findings. The appeal was dismissed.
What it means for employers
Employers should ensure that workplace restructures are implemented effectively to address employee concerns and mitigate potential risks. Thoroughly investigate and address employee complaints to prevent escalation and potential legal action. Clear communication about changes in reporting lines and responsibilities is crucial.
What it means for employees
Employees experiencing bullying should consider all avenues for resolution, including formal complaints and applications for stop-bullying orders. However, changes in workplace structure, such as a restructure, can impact the viability of such applications. Employees should document instances of bullying and any steps taken to address them.
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