Application by the Applicant
Citation: [2026] FWC 2882
At a glance
- Employees affected
- 1
What happened
The Applicant, an employee of the Department of Home Affairs, filed an application with the Fair Work Commission (FWC) seeking stop bullying orders against three named individuals: the Respondent, a co-worker, and another co-worker. The Commonwealth of Australia and the named individuals applied to have the matter dismissed. The Applicant is self-represented in these proceedings. Evidence was submitted regarding whether a risk of future bullying exists and whether the application has reasonable prospects of success.
What was decided
The Fair Work Commission (FWC) rejected the respondents' application to dismiss the Applicant’s bullying application. The Commissioner found that there were not sufficient grounds to determine on a preliminary basis that the Applicant would not continue to be bullied by the Respondent or another co-worker. The FWC also determined that the application did not have no reasonable prospects of success nor was it frivolous or vexatious. The matter will proceed to a full merits assessment.
What it means for employers
Employers should ensure they have robust processes for addressing workplace bullying complaints and managing employee relationships. Even if individuals involved in alleged bullying behaviour are no longer in supervisory roles, the risk of future bullying must be considered. A systemic issue may require more than just removing individual employees to resolve it.
What it means for employees
Employees experiencing workplace bullying should document incidents and consider seeking legal advice about their options. Self-represented parties should be aware that they have a responsibility to dispute evidence presented against them.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →