Mitchell

Case

[2023] FWC 1523

26 JUNE 2023


[2023] FWC 1523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mitchell

(AB2023/180)

COMMISSIONER MCKINNON

SYDNEY, 26 JUNE 2023

Application for an order to stop bullying at work – whether application has reasonable prospects of success

  1. On 18 May 2023, Ms Rebecca Mitchell applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009.

  1. Ms Mitchell is no longer at work in the business of the respondent to the application. The parties agree that there is no prospect of any resumption of the work relationship in future.

  1. In the circumstances, there is no foreseeable risk that Ms Mitchell will continue to be bullied while at work in the respondent’s business. Accordingly, the Commission could not make any orders in the matter. The application has no reasonable prospects of success.[1]

  1. The application is dismissed under section 587(1) of the Act.

COMMISSIONER

Appearances:

R Mitchell on her own behalf.
J Nihill for the respondent.

Hearing details:

2023.

Sydney (by video):
June 21.


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

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