Mandic
[2023] FWC 2326
•12 SEPTEMBER 2023
| [2023] FWC 2326 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Mandic
(AB2023/355)
| COMMISSIONER MCKINNON | SYDNEY, 12 SEPTEMBER 2023 |
Application for an order to stop bullying
On 13 August 2023, Mr Mario Mandic 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 Royal Melbourne Institute of Technology (RMIT) and a person with whom Mr Mandic worked with while he was at work in that business.
On 28 July 2023, Mr Mandic resigned from RMIT. His employment ended on 4 August 2023. Both Mr Mandic and RMIT have advised the Commission that there is no likely prospect of any resumption of the work relationship in the future.
On the facts, and because Mr Mandic is no longer at work in the business of RMIT, there is no foreseeable risk that he will continue to be bullied at work in that business. Accordingly, the Commission could not make any orders in the matter. 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] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.
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