Application by Kimberley Miles

[2018] FWC 5896

[2018] FWC 5896

FAIR WORK COMMISSION

DECISION

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

Application by Kimberley Miles
(AB2018/403)

COMMISSIONER SAUNDERS NEWCASTLE, 19 SEPTEMBER 2018

Application for an order to stop bullying – application dismissed.

[1] Pursuant to s 587(1) of the Fair Work Act, I dismiss the application filed by Ms Miles for orders to stop bullying, for two reasons.

[2] First, Ms Miles has not complied with the directions made on 7 September 2018, pursuant to which Ms Miles was required to file submissions or a notice of discontinuance by 4pm on 14 September 2018. No explanation has been provided in respect of Ms Miles’ failure to comply with that direction.

[3] Secondly, Ms Miles named one person in her application as the person who allegedly bullied her at work. That employee has recently resigned. As a result, there is no risk that Ms Miles will continue to be bullied at work by that employee. It follows that Ms Miles’ application for orders to stop bullying has no reasonable prospects of success.

COMMISSIONER

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