Tracey McGarrity

[2014] FWC 5926

[2014] FWC 5926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

Tracey McGarrity
(AB2014/1044)

COMMISSIONER BISSETT MELBOURNE, 27 AUGUST 2014

Application for an FWC order to stop bullying.

[1] Ms Tracey McGarrity says that she was bullied at work. She has made an application to the Fair Work Commission seeking orders to stop the bullying.

[2] Ms McGarrity’s application was subject to a conference of the parties, including her employer, on 5 March 2014. As a result of that conference the Commission made some recommendations including that, when she received medical clearance that she was well enough to participate, mediation be arranged between Ms McGarrity and the alleged bully to deal with some specific matters in the workplace.

[3] The Commission has subsequently been advised that Ms McGarrity has resigned from her employment with the resignation to take effect on 15 August 2014.

[4] To make an order of the type sought by Ms McGarrity I need to be satisfied firstly that the bullying occurred, and second that there is a risk that she will continue to be bullied in the workplace.

[5] As Ms McGarrity is no longer employed in the workplace where the bullying occurred I could not be satisfied that there is a risk that she would continue to be bullied in that workplace. The necessary prerequisite for making an order does not exist.

[6] Section 587 of the Fair Work Act 2009 allows the Commission to dismiss an application that has no reasonable prospect of success. This can be done on the initiative of the Commission.

[7] As Ms McGarrity no longer works for the employer I am satisfied that the application has no reasonable prospect of success. I therefore dismiss the application in accordance with the provisions of s.587(1) of the Act. An order to this effect will be issued with this decision.

COMMISSIONER

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