B.D.

[2022] FWC 3112

[2022] FWC 3112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

B.D.

(SO2022/517)

COMMISSIONER MCKINNON SYDNEY, 24 NOVEMBER 2022

Application for an order to stop bullying and sexual harassment

1. B.D. was employed by the Commonwealth of Australia as represented by the Department of Home Affairs (the Department). On 23 October 2022, B.D. applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009.

1. On 10 October 2022, B.D. resigned from her employment with the Department. Her resignation took effect on 28 October 2022. On 3 November 2022, the Department confirmed that its exit process in relation to B.D. was complete and that the final day of employment was 28 October 2022. After hearing from B.D., it is clear she has no intention of returning to work for the Department.

1. As B.D. is no longer a ‘worker’ or ‘at work’ in the Department, there is no foreseeable risk of her continuing to be bullied by the person named in her application while at work in the Department. For this reason, no orders can be made to stop the alleged bullying of B.D. while at work. In other words, the application has no reasonable prospects of success.[1]

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

COMMISSIONER

Appearances:

B.D. on her own behalf.
A Ma for the respondent.

Hearing details:

2022.

Sydney (by video):
November 24.

[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.

Printed by authority of the Commonwealth Government Printer

<PR748236>