Mengler
[2023] FWC 2063
•23 AUGUST 2023
| [2023] FWC 2063 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Mengler
(AB2023/285)
| COMMISSIONER MCKINNON | SYDNEY, 23 AUGUST 2023 |
Application for an order to stop bullying
On 6 July 2023, Mr Christian Mengler 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 E‑Mersion Media (Aust) Pty Ltd (E-Mersion Media) and a person with whom Mr Mengler worked with while he was at work in the business of E-Mersion Media.
On 6 June 2023, Mr Mengler resigned from his employment with E-Mersion Media. The employment ended on 7 July 2023 following the completion of a notice period. Both Mr Mengler and E-Mersion Media 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 Mengler is no longer at work in the business of E-Mersion Media, 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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