Kandathikudiyil Jose

Case

[2025] FWC 3056

13 OCTOBER 2025


[2025] FWC 3056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Kandathikudiyil Jose

(AB2025/642)

COMMISSIONER MCKINNON

SYDNEY, 13 OCTOBER 2025

Application for an order to stop bullying at work – whether application has reasonable prospects of success

  1. On 1 August 2025, Ms Nisha Kandathikudiyil Jose 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 Respect Group Limited (Respect Group) and a person with whom Ms Kandathikudiyil Jose interacted while at work in the business of Respect Group.

  1. On 13 August 2025, the employment of Ms Kandathikudiyil Jose was terminated. It is not in dispute that Ms Kandathikudiyil Jose is no longer at work in the business of Respect Group and that she is no longer interacting with the individual named in the application in any work context. The Commission could not make any orders in the matter. Accordingly, Ms Kandathikudiyil Jose’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

  1. The application (AB2025/642) is dismissed 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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