Finney
[2024] FWC 729
•21 MARCH 2024
| [2024] FWC 729 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Finney
(AB2024/103)
| COMMISSIONER MCKINNON | SYDNEY, 21 MARCH 2024 |
Application for an order to stop bullying at work
On 15 February 2024, Mr Aengus Richard Finney applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009. The application was made in relation to his former employment by Sunshine Beach Surf Life Saving Club Inc (Sunshine Beach SLSC) and individuals with whom Mr Finney interacted while he was at work in the business of Sunshine Beach SLSC.
On 12 May 2023, Mr Finney’s employment with Sunshine Beach SLSC came to an end. Due to events that have since transpired, it is most unlikely that there will be any resumption of a work relationship between the parties, or any further interaction between Mr Finney and the individuals named in his application in a work context. Accordingly, the Commission could not be satisfied that there is a risk that Mr Finney will continue to be bullied at work by the individuals named in his application and 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.
Order
The application (AB2024/103) is dismissed.
COMMISSIONER
Appearances:
No appearance for the applicant.
B Field of Employsure Law for the respondent.
Hearing details:
2024.
Sydney (by video):
March 21.
[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.
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