Nguyen
[2025] FWC 1536
•5 JUNE 2025
| [2025] FWC 1536 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Nguyen
(AB2025/369)
| COMMISSIONER MCKINNON | SYDNEY, 5 JUNE 2025 |
Application for an order to stop bullying at work – whether application has reasonable prospects of success
On 5 May 2025, Mrs Thi Phuong Nguyen 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 The Branksome Residences Pty. Ltd. (The Branksome Residences) and a person with whom Mrs Nguyen interacted while at work in the business of The Branksome Residences.
On 27 May 2025, the employment of Mrs Nguyen was terminated. It is not in dispute that Mrs Nguyen is no longer at work in the business of The Branksome Residences and that she is no longer interacting with the individuals named in the application in any work context. On the papers, there is no reasonable prospect of re-employment in the business at this time. The Commission could not make any orders in the matter. Accordingly, I find that the application has no reasonable prospects of success.[1]
Order
The application (AB2025/369) is dismissed 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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