Y.L.
[2022] FWC 2682
•6 OCTOBER 2022
| [2022] FWC 2682 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying and/or sexual harassment
Y.L.
(SO2022/445)
| COMMISSIONER MCKINNON | SYDNEY, 6 OCTOBER 2022 |
Application for an order to stop bullying at work.
Y.L. was employed by Richemont Australia Pty Limited (Richemont) on 15 January 2018. On 7 September 2022, Y.L. applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009.
There is no dispute that the employment relationship between Y.L. and Richemont came to an end on 8 September 2022, when Y.L. sent a letter of resignation to Richemont through his lawyers. On 9 September 2022, the resignation was accepted by Richemont as taking effect immediately. On the materials before me, there is no prospect of that position changing in the near future.
As the Applicant is not a ‘worker’ nor ‘at work’ in the business of Richemont, there is no apparent risk of his continuing to be bullied while at work in the business. The application has no reasonable prospects of success.[1]
The application is dismissed under section 587(1) of the Act.
COMMISSIONER
Hearing details:
Determined on the papers.
[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.
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