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

[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

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.

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.

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]

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

The application is dismissed.

COMMISSIONER

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

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CaseChat Overview and Summary

Amanda Frazer applied to the Fair Work Commission for an order to stop bullying under section 789FC of the Fair Work Act 2009. The application was against Adam Sassi, Daniela Brown, and Capitol Health Limited, with whom Ms Frazer had worked while she was employed by Capitol Health. Ms Frazer had been on long-term sick leave since December 2023 and was subsequently made redundant in January 2025. This redundancy meant that Ms Frazer was no longer employed by Capitol Health, and thus, there was no ongoing or foreseeable risk of her being bullied at work.

The central legal issue for the Commission to decide was whether there was a present or reasonably foreseeable risk of Ms Frazer being bullied at work. Given that Ms Frazer was no longer employed by Capitol Health, the Commission needed to determine if the application could still proceed and if the Commission had the authority to make any orders to stop the alleged bullying. The Commission found that since Ms Frazer was no longer at risk of being bullied at work, the application had no reasonable prospect of success.

The Commission concluded that it could not make any orders in the matter as there was no ongoing risk of bullying. The application was dismissed under section 587(1)(c) of the Act. The Commission referred to the precedent in Shaw v Australian and New Zealand Banking Group Limited & Anor, where similar circumstances led to the dismissal of an application for an order to stop bullying. The application was therefore dismissed, and no further orders were made.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established