M.C.
[2022] FWC 3223
•9 DECEMBER 2022
| [2022] FWC 3223 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying and sexual harassment
M.C.
(SO2022/547)
| COMMISSIONER MCKINNON | SYDNEY, 9 DECEMBER 2022 |
Application for an order to stop bullying
M.C. was employed by Wagga Wagga Community Media Incorporated T/A 2AAAFM (Wagga Wagga Community Media) as a volunteer presenter. On 7 November 2022, M.C. applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009.
The materials establish that M.C. has resigned from her employment and that she would only return to work at Wagga Wagga Community Media in circumstances where the persons named in her application as having engaged in bullying at work are no longer involved in the organisation.
In these circumstances, M.C. is no longer a ‘worker’ or ‘at work’ at Wagga Wagga Community Media. Further, there is no foreseeable risk of her continuing to be bullied by the persons named in her application while at work at Wagga Wagga Community Media. This means that no orders can be made to stop alleged bullying of M.C. while at work. The 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.
COMMISSIONER
Hearing details:
Determined on the papers.
[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.
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