Van Duc Truong

[2025] FWC 683

[2025] FWC 683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Van Duc Truong

(AB2025/67)

DEPUTY PRESIDENT COLMAN MELBOURNE, 7 MARCH 2025

Anti-bullying application – application dismissed

1. Earlier today, I dismissed an application made by Van Duc Truong under s 789FC of the Fair Work Act 2009 (Act) for an anti-bullying order against Stride Reinforcement Pty Ltd (Stride). On 6 March 2025, Stride advised the Commission that Mr Truong’s employment had been terminated. I wrote to the parties noting that in light of Stride’s advice that Mr Truong had been dismissed, it appeared that there was no risk that Mr Truong could ‘continue to be bullied at work’, and that therefore the requirement of s 789FF(1)(b)(ii) of the Act could not be met in this case. I told the parties that I would hear briefly from them about this matter at the telephone conference listed for 7 March 2024 and reach a conclusion on this jurisdictional question. At the conference today I concluded that, assuming that Mr Truong had been bullied at work (which Stride denied and about which I make no finding), there was no risk that he could continue to be bullied at work in the future, because his employment with Stride had ended. Therefore, the requirement of s 789FF(1)(b)(ii) could not be met in this case, and the application was dismissed.

DEPUTY PRESIDENT

Appearances:

V. Truong for himself
T. Chay for the respondent

Conference details:

2025
Melbourne (by telephone)
7 March 2025

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