Thomas
[2023] FWC 3333
•13 DECEMBER 2023
| [2023] FWC 3333 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Thomas
(AB2023/504)
| COMMISSIONER MCKINNON | SYDNEY, 13 DECEMBER 2023 |
Application for an order to stop bullying
On 15 October 2023, Mr Bradley Thomas 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 Milton Ulladulla Bowling Club Co-Operative Ltd (the Bowling Club) and a person with whom Mr Thomas worked with while he was at work in the business of the Bowling Club.
On 1 November 2023, Mr Thomas was terminated from his employment with the Bowling club, by way of redundancy. Prior to the redundancy taking effect, the Bowling Club offered Mr Thomas redeployment options which he did not accept.
On the facts, and because Mr Thomas is no longer at work in the business of the Bowling Club, there is no foreseeable risk that he will continue to be bullied at work in that business. Accordingly, the Commission could not make any orders in the matter. 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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