Kurt
[2022] FWC 2098
•9 AUGUST 2022
| [2022] FWC 2098 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Kurt
(SO2022/283)
| COMMISSIONER MCKINNON | SYDNEY, 9 AUGUST 2022 |
Application for an order to stop bullying.
Ms Merve Kurt was employed on a casual basis by Pressworks in Moorabbin, Victoria. On 15 June 2022, Ms Kurt applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009 (Act). On the same day, Ms Kurt worked her last shift for the business.
Ms Kurt has now stopped working in the business. She does not want to work there again. This decision has brought the employment relationship to an end. In the language of the Act, it means that Ms Kurt is no longer a ‘worker’ in the business and is unlikely to ever be ‘at work’ in the business again.
As Ms Kurt is no longer a ‘worker’ nor ‘at work’ in the business, there is no foreseeable risk that she will continue to be bullied at work within the meaning of the Act. The application has no reasonable prospects of success.[1]
In the circumstances, the application is dismissed under section 587(1) of the Act.
COMMISSIONER
Appearances:
M Kurt on her own behalf.
P Ozdemir for the respondent.
Hearing details:
2022.
Sydney (by video):
August 8.
[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.
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