Sharma
[2023] FWC 2828
•27 OCTOBER 2023
| [2023] FWC 2828 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Sharma
(AB2023/459)
| COMMISSIONER MCKINNON | SYDNEY, 27 OCTOBER 2023 |
Application for an order to stop bullying
On 24 September 2023, Mr Rubal Sharma applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to EG Fuelco (Australia) Ltd (EG Fuelco) and a person with whom Mr Sharma worked with while he was at work in that business.
Mr Sharma was employed on a casual basis by EG Fuelco. His last rostered shift was 6 September 2023. EG Fuelco has advised the Commission that it will not offer Mr Sharma any future shifts in the business. For his part, Mr Sharma’s advice is to the effect that he would not return to work at EG Fuelco.
It follows that Mr Sharma is no longer at work in the business of EG Fuelco and that there is no foreseeable risk of his continuing to be bullied at work in that business. The Commission could not be satisfied of the preconditions for the making of an order to stop bullying at work in relation to Mr Sharma’s work in the business of EG Fuelco. The application has no reasonable prospects of success.[1]
In the circumstances, the appropriate course is to dismiss the application 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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