L.H.
[2022] FWC 2421
•16 SEPTEMBER 2022
| [2022] FWC 2421 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
L.H.
(SO2022/415)
| COMMISSIONER MCKINNON | SYDNEY, 16 SEPTEMBER 2022 |
Application for an order to stop bullying.
L.H. was employed by Good Shepherd Australia New Zealand (Good Shepherd) on 3 August 2022. On 19 August 2022, L.H. applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009.
There is no dispute that the employment relationship between L.H. and Good Shepherd came to an end on 24 August 2022. On the materials before me, there is no prospect of that position changing in the near future.
As the Applicant is not a ‘worker’ nor ‘at work’ in the business of the Good Shepherd, 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]
The application is dismissed under section 587(1) of the Act.
COMMISSIONER
Hearing details:
Determined on the papers.
[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.
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