Wake
[2022] FWC 1347
•30 MAY 2022
| [2022] FWC 1347 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Wake
(SO2022/203)
| COMMISSIONER MCKINNON | SYDNEY, 30 MAY 2022 |
Application for an order to stop bullying.
On 26 April 2022, Olivia Wake applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009 in relation to her employment at the All Foods Market Belmont IGA.
Ms Wake last worked for the business on 23 April 2022. Ms Wake has advised the Commission that she would not work for the business again. On that basis, Ms Wake is no longer a ‘worker’ in the business and will not again be ‘at work’ in the business.
As Ms Wake is neither a ‘worker’ nor ‘at work’ in the business, there is no foreseeable risk that she will continue to be bullied while at work in the business. The application has no reasonable prospects of success.[1]
In the circumstances, the application is dismissed under section 587(1) of the Act.
COMMISSIONER
Hearing details:
On the papers.
[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.
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