Nguyen

Case

[2024] FWC 2700

27 SEPTEMBER 2024


[2024] FWC 2700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Nguyen

(AB2024/446)

COMMISSIONER MCKINNON

SYDNEY, 27 SEPTEMBER 2024

Application for an order to stop bullying at work

  1. On 13 June 2024, Ms Thao Khanh Nguyen applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act) in relation to the Australian Postal Corporation T/A Australia Post (Australia Post) and persons with whom Ms Nguyen interacted while she was at work at Australia Post.

  1. On 12 September 2024, Ms Nguyen’s employment with Australia Post came to an end. She is no longer at work in the business of Australia Post and is no longer interacting with the individuals named in her application as having engaged in bullying behaviour.

  1. In the circumstances, the Commission cannot be satisfied that there is a risk that Ms Nguyen will continue to be bullied at work. It follows that no orders to stop the alleged bullying behaviour can be made. The application has no reasonable prospects of success.[1] The appropriate course is to dismiss the application under section 587(1)(c) of the Act.

  1. The application is dismissed.

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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