Shakir

Case

[2023] FWC 3331

20 DECEMBER 2023


[2023] FWC 3331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Shakir

(AB2023/503)

COMMISSIONER MCKINNON

SYDNEY, 20 DECEMBER 2023

Application for an order to stop bullying

  1. On 14 October 2023, Ms Khiloud Shakir 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 Independent Community Living Australia Limited (ICLA) and persons with whom Ms Shakir worked with while she was at work in the business of ICLA.

  1. On 20 October 2023, Ms Shakir’s employment with ICLA was terminated. The consequence of termination is that Ms Shakir is no longer at work in the business of ICLA. Accordingly, there is no present or reasonably foreseeable risk of her continuing to be bullied at work in the business. The Commission could not make any orders in the matter and for that reason, Ms Shakir’s application has no reasonable prospects of success.[1]

  1. In the circumstances, 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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