Keshia Apter

Case

[2022] FWC 555


[2022] FWC 555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Keshia Apter

(SO2022/79)

COMMISSIONER MCKINNON

SYDNEY, 20 APRIL 2022

Application for an order to stop bullying.

  1. On 12 February 2022, Ms Keshia Apter applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009.

  1. Ms Apter is neither a ‘worker’ nor ‘at work’ in the business of the respondents to the application. She worked one shift for the business on 4 January 2022 and was not then offered any further work. On the materials before me, there is no prospect of that position changing in the future.

  1. As Ms Apter is not a ‘worker’ or ‘at work’ in the business of the respondents, there is no foreseeable risk that she will continue to be bullied while at work in that business. The application has no reasonable prospects of success.[1]

  1. The application is dismissed under section 587(1) of the Act.

COMMISSIONER

Appearances:

S Stevens for the Applicant.
No appearance for the Respondent.

Hearing details:

2022.
Sydney (by video):
April 20.


[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.

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