Y.S.
[2022] FWC 2979
•18 NOVEMBER 2022
| [2022] FWC 2979 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying and sexual harassment
Y.S.
(SO2022/475)
| COMMISSIONER MCKINNON | SYDNEY, 18 NOVEMBER 2022 |
Application for an order to stop bullying and sexual harassment
Y.S. was employed by LG Doncaster Pty Ltd T/A Master Lanzhou Noodle Bar (‘LG Doncaster’). On 28 September 2022, Y.S. applied for orders to stop bullying and sexual harassment at work under s.789FC of the Fair Work Act 2009. The application was completed on 3 October 2022.
In the meantime, on 26 September 2022, Y.S. resigned from her employment with LG Doncaster by email. Her notice of resignation was effective from 10 October 2022 and her last working day was 9 October 2022. Both parties agree that it is not likely that the employment relationship will be restored by Y.S returning to work for LG Doncaster.
As Y.S. is no longer a ‘worker’ or ‘at work’ in the business of LG Doncaster, there is no foreseeable risk of her continuing to be bullied or sexually harassed by the people named in her application while at work in the business. For this reason, orders could not be made to stop the alleged bullying and sexual harassment of Y.S., and the application has no reasonable prospects of success.[1]
The application is dismissed under section 587(1)(c) of the Act.
COMMISSIONER
Appearances:
Y.S. on her own behalf.
A Chand of Employsure Law for the respondents.
Hearing details:
2022.
Sydney (by video):
November 10.
[1] Grabovsky [2021] FWC 5559; Grabovsky [2020] FWC 3164.
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