Devaradjou
[2023] FWC 2789
•25 OCTOBER 2023
| [2023] FWC 2789 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Devaradjou
(AB2023/439)
| COMMISSIONER MCKINNON | SYDNEY, 25 OCTOBER 2023 |
Application for an order to stop bullying
On 15 September 2023, Mr Kabirdas Devaradjou applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to Suzlon Energy Australia Pty Ltd (Suzlon Energy) and persons with whom Mr Devaradjou worked with while he was at work in that business.
On 3 October 2023, Mr Devaradjou’s position was made redundant. The redundancy took effect on 5 or 6 October 2023 at which time his employment terminated.
On the facts, and because Mr Devaradjou is no longer at work in the business of Suzlon Energy, there is no foreseeable risk that he will continue to be bullied at work in that business. Accordingly, the Commission could not make any orders in the matter. The application has no reasonable prospects of success.[1]
In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act.
COMMISSIONER
Hearing details:
Determined on the papers.
[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.
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