INTERIM ORDER

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

Lynette Bayly
(AB2017/134)

Application for an FWC order to stop bullying – interim orders

A. Pursuant to s.589(2) of the Fair Work Act 2009, I order that until the hearing and determination of this matter, or further order of the Commission:

The Respondents listed in Schedule A are not to:

(a) take any further steps to finalise the investigation of Ms Bayly leading to the draft Investigation Report dated 24 March 2017;
(b) impose any disciplinary sanction on Ms Bayly in or in connection with that investigation; and/or
(c) terminate Ms Bayly’s employment.

B. Service of this Order by Ms Bayly may be effected on each Respondent by any one or more of the means set out in Rule 42 of the Fair Work Commission Rules 2013.

C. This Order will come into force on and from 4 April 2017.

D. Liberty is granted to seek the variation or rescission of this Order upon application.

COMMISSIONER

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SCHEDULE A

The Respondents are the following:

1. Bendigo Kangan Institute T/A Bendigo TAFE, Kangan Institute;

2. Mr Trevor Schwenke, Chief Executive Officer;

3. Mr Bruce Whittaker, Chief Operating Officer; and

4. Ms Rowena Warren, Chief Organisational Capability Officer.