Johnny Papasotiriou v Paul Whitman, Kelly Evers, David Butler, David Ensor, JB Hifi

[2024] FWC 3224

[2024] FWC 3224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Johnny Papasotiriou
v

Paul Whitman, Kelly Evers, David Butler, David Ensor, JB Hifi

(AB2024/713)

COMMISSIONER MIRABELLA MELBOURNE, 22 NOVEMBER 2024

Application for an FWC order to stop bullying

1. On 16 September 2024, Mr Papasotiriou applied for an order to stop bullying at work under s.789FC (the Application) of the Fair Work Act 2009 (the Act). The Application was made in relation to JB Hi-Fi Group Pty Ltd (JB Hi-Fi) and persons with whom Mr Papasotiriou worked with while he was at work in the business of JB Hi-Fi.

1. Mr Papasotiriou had been on long term sick leave since 22 April 2024. On 6 November 2024, Mr Papasotiriou’s employment with JB Hi-Fi was terminated.

1. The consequence of termination is that Mr Papasotiriou is no longer at work in the business of JB Hi-Fi. Accordingly, there is no present or reasonably foreseeable risk of him continuing to be bullied at work or in the business. The Commission could not make any orders in this matter and for that reason, Mr Papasotiriou’s Application has no reasonable prospect of success.[1]

1. In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act.

1. The application is dismissed.

COMMISSIONER

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor[2024] FWC 3408. 

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