Gonzalez

[2025] FWC 740

[2025] FWC 740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Gonzalez

(AB2025/114)

COMMISSIONER MCKINNON SYDNEY, 9 APRIL 2025

Application for an order to stop bullying at work – applicant not a “worker” at the time of application

1. On 14 February 2025, Ms Francisca Javiera Martinez Gonzalez 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 Daniel Brendan Rourke trading as Star Dental Clinic in Port Macquarie. The individual named in her application was a dentist in the clinic. Ms Gonzalez worked with the dentist for approximately two months until she resigned on 24 June 2024.

1. Under s.789FC, a worker who reasonably believes that they have been bullied at work may apply to the Commission for an order to stop bullying at work. At the time of the application, Ms Gonzalez was not a worker in relation to the application. She had ceased employment with the clinic almost 8 months before and has since relocated to another city.

1. It follows that Ms Gonzalez was not entitled to apply to the Commission under s.789FC in relation to her former employment with Star Dental Clinic at the time the application was made. The application is incompetent and will be dismissed.

Order

1. The application (AB2025/114) is dismissed.

COMMISSIONER

Hearing details:

Determined on the papers.

Printed by authority of the Commonwealth Government Printer

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