Samantha Stevens
[2022] FWC 1076
•6 MAY 2022
| [2022] FWC 1076 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Samantha Stevens
(SO2022/80)
| COMMISSIONER MCKINNON | SYDNEY, 6 MAY 2022 |
Application for an order to stop bullying.
On 12 February 2022, Ms Samantha Stevens applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009. The matter was listed for jurisdictional hearing on 27 April 2022. At 11.32pm on 26 April 2022, Ms Stevens sent an email to the Commission saying “It needs to be changed I go in for surgery”. Ms Stevens was asked to provide evidence of her inability to attend the hearing and did not do so. A further 7 days was provided for Ms Stevens to submit evidence in support of an adjournment of the hearing. No evidence has been provided.
Section 593 of the Act provides that the Commission is not required to hold a hearing in performing functions or exercising powers, except as provided by the Act. In the circumstances, I have decided to determine the application on the papers without holding a hearing.
Ms Stevens is neither a ‘worker’ nor ‘at work’ in the business of the respondent employer. Ms Stevens attended the business on three occasions in 2021, including for a trial shift in November 2021 and a rostered work shift in December 2021. She has not worked since that time for the business and the employment relationship has come to an end. On the materials before me, there is no prospect of Ms Stevens undertaking any further work in the business.
As Ms Stevens is not a ‘worker’ nor ‘at work’ in the business of the respondent employer, there is no foreseeable risk that she will continue to be bullied while at work in that business. The application has no reasonable prospects of success.[1]
The application is dismissed under section 587(1) of the Act.
COMMISSIONER
Appearances:
No appearance for the Applicant.
N Clarke for the Respondent.
Hearing details:
2022.
Sydney (by video):
April 27.
[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.
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