K.H.
[2023] FWC 1247
•31 MAY 2023
| [2023] FWC 1247 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
K.H.
(AB2023/90)
| COMMISSIONER MCKINNON | SYDNEY, 31 MAY 2023 |
Application for an order to stop bullying
On 4 April 2023, K.H applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009 in relation to his former employment with Keystart Loans Ltd. There is a jurisdictional question in relation to the application and the parties have agreed that the question should be determined on the papers.
On the materials, there is no dispute that K.H. resigned from his employment on 4 April 2023. His resignation took effect at the latest on 2 May 2023.
As the employment relationship has come to an end, the Commission cannot be satisfied of the risk that K.H. will continue to be bullied at work by the individuals named in his application. That is, no orders to stop bullying at work in relation to K.H. can be made. 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.
The application is dismissed.
COMMISSIONER
Hearing details:
Determined on the papers.
[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.
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