Yates

[2024] FWC 3168

[2024] FWC 3168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Yates

(AB2024/623)

COMMISSIONER MCKINNON SYDNEY, 15 NOVEMBER 2024

Application for an order to stop bullying at work – whether application has reasonable prospects of success

1. On 20 August 2024, Mr Bradley Aaron Muir Yates applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to Richmond Wellbeing Inc (Richmond Wellbeing) and persons with whom Mr Yates interacted while at work in the business of Richmond Wellbeing.

1. On 10 September 2024, the employment of Mr Yates was terminated. It is not in dispute that Mr Yates is no longer at work in the business of Richmond Wellbeing and that he is no longer interacting with the individuals named in the application in any work context. The Commission could not make any orders in the matter. Accordingly, Mr Yates’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

1. The application (AB2024/623) is dismissed under section 587(1)(c) of the Act.

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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