Trask
[2024] FWC 2355
•3 SEPTEMBER 2024
| [2024] FWC 2355 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Trask
(AB2024/331)
| COMMISSIONER MCKINNON | SYDNEY, 3 SEPTEMBER 2024 |
Application for an order to stop bullying at work
On 8 May 2024, Mr Shane Trask applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was amended on 13 May 2024 and was made in relation to Sunvista Homes Pty Ltd as the trustee for The Sunvista Trust (Sunvista Homes) and a person with whom Mr Trask interacted while he was at work in the business of Sunvista Homes.
On 16 May 2024, Mr Trask resigned from his employment with Sunvista Homes, with 17 May 2024 being his last formal day of employment. It does not appear to be in dispute that Mr Trask is no longer at work in the business of Sunvista Homes and is no longer interacting with the individual named in his application as having engaged in bullying behaviour.
In the circumstances, the Commission cannot be satisfied that there is a risk that Mr Trask will continue to be bullied at work. It follows that no orders to stop the alleged bullying behaviour can be made. The application has no reasonable prospects of success.[1] The appropriate course is to dismiss the application under section 587(1)(c) of the Act.
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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