E v Australian Association of Social Workers and Ors ANTI-BULLYING – bullied at work – jurisdiction – ss.789FC, 789FF Fair Work Act 2009 – applicant applied for anti-bullying orders against employer and two individuals – name of applicant and two individuals supressed – applicant is director of first respondent – applicant suggested online comments on respondent’s social media were not properly moderated and that second and third respondent had suggested applicant acted unethically as director or acted against applicant out of factionalism – respondents submit none of the conduct occurred at work, that the conduct was not unreasonable and no risk to applicant’s health and safety – third respondent submitted she had no relationship with applicant and that conduct complained of amounted to a single social media post expressing her personal opinion – Commission may make anti-bullying order if satisfied applicant worker has been bullied at work and that there is a risk the worker will continue to be bullied at work – consideration whether bullied at work – observed modern workplace extends to virtual and online world – observed ‘work-related’ online posts will be considered to have occurred ‘at work’ if the post has a rational connection to the work a worker is required to perform – found applicant’s role did not require her to be involved with social media – held conduct did not occur at work – consideration whether conduct was bullying – found posts complained of expressed genuinely held views of those who disagreed with applicant – found post of third respondent did not contain misinformation – found expressions of a point of view, while potentially confronting or upsetting, does not make those expressions unreasonable – held conduct did not constitute bullying – observed other aspects of bullying complained of were single incidents and not repeated unreasonable behaviour causing a risk to health and safety – consideration whether risk to applicant’s heath and safety – observed mere fact someone may be upset, offended, indignant, or even outraged with views of others does not make those views are unreasonable or establish risk to a person’s mental health or safety – held conduct did not create risk to applicant’s health or safety – consideration whether risk applicant will continue to be bullied at work – observed relevant social media pages had been archived and posed no future risk – observed future risk is remote and hypothetical – held purpose of anti-bullying application is to protect a worker’s health and safety, it no protection is needed no order can be made – concluded applicant not bullied at work and not satisfied there is a risk of future bullying at work – application dismissed. SO2022/479 [2022] FWC 3019 Colman DP Melbourne 15 November 2022
