Liu
[2024] FWC 1295
•17 MAY 2024
| [2024] FWC 1295 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Liu
(AB2024/152)
| COMMISSIONER MCKINNON | SYDNEY, 17 MAY 2024 |
Application for an order to stop bullying at work
On 4 March 2024, Mrs Jie Liu 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 OzDream Tours Pty Ltd (OzDream Tours) and persons with whom Mrs Liu interacted while she was at work in the business of OzDream Tours. Since making the application, Ms Liu’s employment has been terminated by OzDream Tours.
On 10 April 2024, Mrs Liu lodged an application to deal with the general protections involving dismissal. That application is separately before the Commission.
It is not in dispute that Mrs Liu is no longer at work in the business of OzDream Tours and that she is no longer interacting with the individuals named in her application while she is at work in the business of OzDream Tours. Although the legal consequences of the dismissal are in dispute, it is not reasonably likely on the materials that these circumstances will change. As a result, the Commission could not make any orders in the matter and Mrs Liu’s application has no reasonable prospects of success.[1]
The application (AB2024/152) 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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