s.789FC - Application for an order to stop bullying

Application for an order to stop bullying - application dismissed

• [1] This decision concerns an application made by Joseph Dogias under s 789FC of the Fair Work Act 2009 (Act) for an anti-bullying order against Metro Trains Melbourne Pty Ltd and a manager, Simone Dyson. In brief summary, Mr Dogias contended that he had been bullied by Ms Dyson in January 2024 when she wrongly criticised him for sending aggressive emails, and then again in October or November 2024 when she unreasonably disciplined him by giving him a warning for a simple human error. Mr Dogias said that Metro Train's investigation into his internal complaint in 2025 left the warning in place and failed to take any action in respect of the bullying and harassment that he had suffered. He sought an order removing Ms Dyson from the train service. The respondents strongly denied that any bullying occurred. Earlier today I dismissed the application for the following reasons.

• [2] An antibullying order is only available if a worker has been bullied at work (i.e. has been subjected to repeated unreasonable behaviour that creates a risk to health and safety), and there is a risk that the worker will continue to be subjected to such behaviour (see s 789FF(1)(b)). Having considered the written materials filed by the parties and their oral submissions, I concluded that these elements were not made out. First, I was not satisfied that Mr Dogias had been bullied at work. His complaint related substantially to Ms Dyson's involvement in a warning given to him a year ago which he believed was unjustified, and Metro Train's handling of his complaint. The parties disagree about the rights and wrongs of all this, but in my view the respondents' conduct was not unreasonable or in the nature of bullying. Secondly, I was not satisfied that the respondents' conduct had created a risk to Mr Dogias's health and safety. General statements by Mr Dogias that he now has stress and anxiety say nothing about what caused this. Thirdly, there was no basis to think that Mr Dogias could be subjected to bullying in the future. Metro Trains undertook that Ms Dyson (who as a general manager is several layers of management above Mr Dogias) would not be involved in any future disciplinary action against him. Despite being asked numerous times, Mr Dogias was unable to explain why in such circumstances any risk of bullying remained.

• [3] The preconditions for the making of an antibullying order were not met. The Commission therefore had no power to make one. In any event, I would not have exercised my discretion to make an order because I did not consider that any order was either necessary or appropriate in circumstances where the respondents had undertaken to remove the possibility of Ms Dyson's involvement in any future disciplinary action against Mr Dogias.

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