Johansen
[2024] FWC 2803
•10 OCTOBER 2024
| [2024] FWC 2803 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Johansen
(AB2024/481)
| COMMISSIONER MCKINNON | SYDNEY, 10 OCTOBER 2024 |
Application for an order to stop bullying at work
On 24 June 2024, Ms Kathrine Selmer Johansen applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application is made in relation to Autism Tasmania Incorporated (Autism Tasmania) and persons with whom Ms Johansen interacted while she was at work in the business of Autism Tasmania.
On 26 June 2024, Ms Johansen resigned from her role with Autism Tasmania before it went into voluntary administration. The entity is now in liquidation. It is not in dispute that Ms Johansen is no longer a worker in the business of Autism Tasmania or interacting with the individuals named in her application as having engaged in bullying behaviour in any work context.
In the circumstances, the Commission cannot be satisfied that there is a risk that Ms Johansen will continue to be bullied at work. It follows that no orders to stop the alleged bullying behaviour can be made. The application has no reasonable prospects of success.[1] The appropriate course is to dismiss the application under section 587(1)(c) of the Act.
The application is dismissed.
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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