Lee
[2023] FWC 2122
•22 SEPTEMBER 2023
| [2023] FWC 2122 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Lee
(AB2023/290)
| COMMISSIONER MCKINNON | SYDNEY, 22 SEPTEMBER 2023 |
Application for an order to stop bullying
On 8 July 2023, Mr Steven Lee 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 Origin Energy Limited (Origin Energy) and persons with whom Mr Lee worked with while he was at work in the business of Origin Energy.
On 17 May 2023, Mr Lee was terminated from his employment with Origin Energy. On 18 May 2023, Mr Lee lodged an application for an unfair dismissal remedy which is currently before the Commission. Mr Lee has advised the Commission that he is seeking reinstatement to his former position. Origin Energy has advised that it will not re-employ Mr Lee because of the reasons for his dismissal. It also understands that Mr Lee does not have work capacity.
As Mr Lee is no longer at work in the business of Origin Energy, there is no present or reasonably foreseeable risk of him continuing to be bullied at work in the business. While Mr Lee seeks reinstatement as a remedy in his unfair dismissal application, the claim is speculative. The Commission could not make any orders in the matter and for that reason, Mr Lee’s application has no reasonable prospects of success.[1]
In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act. If Mr Lee succeeds in obtaining a remedy of reinstatement in connection with his unfair dismissal claim, and he again becomes eligible to apply for orders to stop bullying at work, he can make a further application to the Commission at the appropriate time.
The application is dismissed.
COMMISSIONER
Hearing details:
Determined on the papers.
<PR765508>
[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.
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