The Fair Work Commission has confirmed that a local government employee can pursue a stop bullying order against an elected Councillor, highlighting that bullying protections can extend beyond internal staff relationships in the decision Stonhill v Kingdon [2025] FWC 1528.
The CEO of a local government in the Northern Territory applied for an order to stop bullying under the Fair Work Act, naming an elected Councillor in her application as a person who was engaging in repeated bullying conduct. The conduct allegedly occurred during Council meetings, in official correspondence and in relation to governance communications, which the CEO argued clearly meant that the conduct took place within the scope of the CEO’s work.
The Councillor raised a jurisdictional objection, arguing that elected members do not fall within the scope of the stop bullying provisions and therefore stop bullying orders cannot be made against them.
The Commission found that in determining its jurisdiction over the matter, the key questions to be answered were:
For the first question, the Commission was satisfied that the alleged bullying conduct of the Councillor occurred whilst the CEO was at work.
For the second question, the Commission found that the Councillor was an individual and therefore the Commission had jurisdiction to hear the CEO’s application.
The Commission confirmed that bullying orders can apply to behaviour carried out by any person — including members of the public and Councillors — provided the conduct occurs ‘at work’. There is no requirement that an alleged bully must be a worker themselves, only for the applicant to be a worker in order to bring an application.
The Commission also referenced a previous decision where it was held that stop bullying provisions covered the conduct of residents and property owners towards employees of a residential resort.
This decision reinforces that employers must take all workplace bullying complaints from workers seriously — even when the alleged conduct involves someone outside of their direct employment relationship. Clients, contractors, visitors and other third parties in the workplace can be the subject of stop bullying orders if they bully a worker, risking the employer getting involved in the proceedings and being subject to the order as well. Breaching a stop bullying order can result in penalties.
Employers should ensure they have clear procedures to address inappropriate conduct by any person their workers interact with in the course of their duties — not just co-workers. Taking early action helps manage risk and ensures compliance with workplace safety obligations.
Need help reviewing your workplace policies or managing a tricky complaint? Talk to our Workplace Relations team, Renae Harding, Dominique Hartfield or Grace Pham today.