Rodgers
[2024] FWC 1898
•19 JULY 2024
| [2024] FWC 1898 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Rodgers
(AB2024/254)
| COMMISSIONER MCKINNON | SYDNEY, 19 JULY 2024 |
Application for an order to stop bullying at work
On 8 April 2024, Ms Amy Rodgers 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 Tarocash Pty Ltd (Tarocash) and persons with whom Ms Rodgers interacted while she was at work in the business of Tarocash.
On 11 April 2024, Ms Rodgers resigned from her employment with Tarocash. It is not in dispute that Ms Rodgers is no longer at work in the business of Tarocash and no longer interacting with the individuals named in her application as having engaged in bullying behaviours towards her.
In the circumstances, the Commission cannot be satisfied that there is a risk that Ms Rodgers will continue to be bullied at work by the individuals named in her application. 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.
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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