Application by the Applicant
Citation: [2023] FWC 2801
What happened
The Applicant applied to the Fair Work Commission seeking an order to stop bullying. The application related to her employment in the retail industry. Deputy President Saunders considered the application and related documents.
What was decided
Deputy President Saunders dismissed the Applicant’s application. The Commission found there was no risk that the Applicant would continue to be bullied at work. The decision references a previous case, *Atkinson v Killarney Properties Pty Ltd*. The Commission’s reasoning is not detailed in the provided text.
What it means for employers
Employers should ensure workplaces are free from bullying and take appropriate action when complaints are raised. This decision highlights the importance of assessing the ongoing risk of bullying when responding to complaints.
What it means for employees
Employees experiencing bullying should raise concerns with their employer and consider seeking legal advice if the issue is not resolved. This case demonstrates that applications to stop bullying may be unsuccessful if the risk of ongoing bullying is not present.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections