James Zbrozyna
[2023] FWC 2530
•3 OCTOBER 2023
| [2023] FWC 2530 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
James Zbrozyna
(AB2023/366)
| COMMISSIONER MCKINNON | SYDNEY, 3 OCTOBER 2023 |
Application for an order to stop bullying
On 16 August 2023, Mr James Zbrozyna 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 Goliath Building and Constructions Pty Ltd (Goliath) and a person with whom Mr Zbrozyna worked with while he was at work in that business.
On 16 August 2023, Mr Zbrozyna resigned from Goliath. His employment ended on 30 August 2023. Both Mr Zbrozyna and Goliath have advised the Commission that there is no likely prospect of any resumption of the work relationship in the future.
On the facts, and because Mr Zbrozyna is no longer at work in the business of Goliath, 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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