Lai
[2024] FWC 2804
•11 OCTOBER 2024
| [2024] FWC 2804 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Lai
(AB2024/563)
| COMMISSIONER MCKINNON | SYDNEY, 11 OCTOBER 2024 |
Application for an order to stop bullying at work
On 30 July 2024, Mr Chenting Lai 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 Boswen (Aust) Pty Ltd (Boswen) and a person with whom he interacted while at work in the business of Boswen.
On 12 September 2024, Mr Lai’s employment with Boswen was terminated. It does not appear to be in dispute that Mr Lai is no longer at work in the business of Boswen and is no longer interacting with the individual alleged to have engaged in bullying behaviour. Further, the said individual no longer works for Boswen.
In the circumstances, the Commission cannot be satisfied that there is a risk that Mr Lai will continue to be bullied at work. It follows that no orders to stop the alleged bullying behaviour can be made. The application has no reasonable prospects of success.[1] 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] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.
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