Carole Greenan, a former employee of BBV Legal, trading as Bowen Buchbinder Vilensky, asked the commission for a bullying stop order.

However, given Bowen Buchbinder Vilensky has since terminated Greenan, the fate of the application will depend on whether the commission should throw out the matter for want of jurisdiction.

In the meantime, Greenan has appealed the commission’s earlier stay decision that dismissed an application for an order that would have required the parties to attend the hearing in person.

Greenan submitted the failure to make this order “disadvantaged her in the proceedings as she was unable to provide witness evidence”, which was intended to address whether bullying occurred.

Her primary argument is that should an application for reinstatement succeed, there will be a basis for her anti-bullying claim to continue.

Greenan also submitted she would now need additional time from the commission to “seek from the person the subject of her application for orders written statements for use in the proceedings”.

Deputy president Tony Slevin said he does not believe the commission has the power to issue the order in these circumstances.

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He said appeals against procedural decisions “are not to be encouraged” and he does not consider there is an “arguable case” put by Greenan that would validate an appeal being granted.

“This is especially so where Greenan has stated that she intends appealing the substantive decision should it go against her.

“It is not in the public interest that litigation be conducted in the piecemeal way proposed by the appellant. I can see no other discretionary grounds for permission to appeal to be granted,” he said.

Slevin said the current application would be “better achieved” by an application to the commission to adjourn the proceedings so further evidence could be gathered.

“That is an application that can be dealt with by the commissioner and determined on its merits.”

The matter continues.

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