Lucas

Case

[2024] FWC 554

8 MARCH 2024


[2024] FWC 554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying

Lucas

(AB2024/39)

COMMISSIONER MCKINNON

SYDNEY, 8 MARCH 2024

Application for an order to stop bullying at work

  1. On 24 January 2024, Mr Jason Lucas applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009. The application was made in relation to Carers Queensland Ltd (Carers Queensland) and an individual with whom Mr Lucas interacted while he was at work in the business of Carers Queensland.

  1. On 31 January 2024, Mr Lucas’s employment with Carers Queensland came to an end. Both Mr Lucas and Carers Queensland have advised the Commission that there is no likely prospect of any resumption of a work relationship. Accordingly, the Commission could not be satisfied that there is a risk that Mr Lucas will continue to be bullied at work by the individual named in his application. The Commission could not make any orders in the matter. The application has no reasonable prospects of success.[1]

  1. In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act.

  1. The application is dismissed.


COMMISSIONER

Appearances:

J Lucas on his own behalf.

R Headey for the respondent.

Hearing details:

2024.

Sydney (by video):
February 29.


[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.

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