Amanda Frazer v Adam Sassi, Daniela Brown, Capitol Health Limited

[2025] FWC 335

[2025] FWC 335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Amanda Frazer
v

Adam Sassi, Daniela Brown, Capitol Health Limited

(AB2024/461)

COMMISSIONER MIRABELLA MELBOURNE, 6 FEBRUARY 2025

Application for an FWC order to stop bullying

1. On 19 June 2024, Ms Frazer applied for an order to stop bullying at work under s.789FC (the Application) of the Fair Work Act 2009 (the Act). The Application was made in relation to Capital Health Limited and persons with whom Ms Frazer worked with while she was at work in the business of Capital Health Limited.

1. Ms Frazer had been on long term sick leave since 15 December 2023. On 10 January 2025, Ms Frazer informed Chambers that she had been made redundant from her employment with Capital Health Limited.

1. The consequence of the redundancy is that Ms Frazer is no longer at work in the business of Capital Health Limited. Accordingly, there is no present or reasonably foreseeable risk of her continuing to be bullied at work or in the business. The Commission could not make any orders in this matter and for that reason, Ms Frazer’s Application has no reasonable prospect of success.[1]

1. In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act.

1. The application is dismissed.

COMMISSIONER

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2024] FWC 3408.

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