Lin
[2024] FWC 3167
•15 NOVEMBER 2024
| [2024] FWC 3167 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Lin
(AB2024/648)
| COMMISSIONER MCKINNON | SYDNEY, 15 NOVEMBER 2024 |
Application for an order to stop bullying at work – whether application has reasonable prospects of success
On 26 August 2024, Mr Don Myint Lin 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 Miele Australia Pty Ltd (Miele) and a person with whom Mr Lin interacted while at work in the business of Miele.
On 6 September 2024, the employment of Mr Lin was terminated. It is not in dispute that Mr Lin is no longer at work in the business of Miele and that he is no longer interacting with the individual named in the application in any work context. The Commission could not make any orders in the matter. Accordingly, Mr Lin’s application for orders to stop bullying at work has no reasonable prospects of success.[1]
Order
The application (AB2024/648) is dismissed under section 587(1)(c) of the Act.
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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