Stojanoski

Case

[2024] FWC 1084

26 APRIL 2024


[2024] FWC 1084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Stojanoski

(AB2024/163)

COMMISSIONER MCKINNON

SYDNEY, 26 APRIL 2024

Application for an order to stop bullying at work

  1. On 7 March 2024, Mr Petar Stojanoski applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009. The application was made in relation to his former employment by Abano Healthcare Australia Pty Ltd (Abano Healthcare Australia) and an individual with whom Mr Stojanoski interacted while he was at work in the business of Abano Healthcare Australia.

  1. On 8 March 2024, Mr Stojanoski’s employment was terminated. There is no indication on the materials of any likely resumption of a work relationship between the parties, or any prospect of further interaction between Mr Stojanoski and the individual named in his application while he is at work in the business of Abano Healthcare Australia. Accordingly, the Commission could not be satisfied that there is a risk that Mr Stojanoski will continue to be bullied at work by the individual named in his application and could not make any orders in the matter. The 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.

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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